Terms Of Use
Welcome to Outlook Templates! These Terms of Use govern your use of the Outlook Template service (the "Service") and related software (the "Software"). By using the Service or the Software, you accept these Terms of Use and any modifications that may be made to the Terms of Use (collectively, "Terms") from time to time; if you do not agree to these Terms you should not use the Service or the Software.
These Terms constitute a binding legal agreement between you and Avian Group Pte Ltd ("Avian Group," "NiceTool.Net," "we," "us," and "our"). Please read them carefully.
1. Modifications to Terms
Avian Group reserves the right to change or modify any of the terms and conditions contained in these Terms, and any other Avian Group terms, policies, or guidelines, at any time. Any changes or modifications will be effective immediately upon posting of the revisions on this site. Your continued use of the Service or the Software following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. If Avian Group updates these Terms, it will update the "last updated" date above. You should frequently review these Terms and other applicable policies from time to time to understand the terms and conditions that apply to your use of the Service and the Software. If you do not agree to the amended terms, you must stop using the Service and the Software.
2. Limited License
Avian Group grants you a revocable, non-transferable, and non-exclusive license to access and use the Service subject to these Terms and all applicable Avian Group policies and guidelines.
Subject to these Terms, Avian Group grants you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on an unlimited number of personal computers solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by these Terms.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological feature or measure in the Software.
Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
3. Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of any logins, passwords, or other credentials that you select or that are provided to you for use of the Service. You agree that you are solely responsible to Avian Group for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
4. Document Services
The Service and the Software include document features and services that allow you to access, share, and edit document templates, create, post, and store data, pictures, and other content (the "Templates Services"). You are solely responsible for your use of the Document Templates Services and use them at your own risk. By using any Document Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
* Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
* Material that harasses, intimidates, degrades, or is hateful toward any person or group on the basis of race, religion, ethnicity, gender, sexual orientation, age, or disability;
* Material pertaining to the sale, rental, or use of any housing, property, or dwelling that violates the federal Fair Housing Act, or any other similar state or local laws, regulations, or orders (including, without limitation, any Content that states a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap);
* Material pertaining to employment that violates any federal, state, or local laws, regulations, or orders (including, without limitation, any Material that states a preference or requirement based upon race, color, religion, sex, national origin, age, or disability);
* Material that violates, or that causes Avian Group or its affiliates or subsidiaries to violate, any other applicable law, regulation, or order of any governmental authority in any jurisdiction;
* Material that infringes, or that may infringe, any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
* Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
* Material that, in the sole judgment of Outlook Templates, is objectionable, restricts or inhibits any person or entity from using or enjoying any Document Services or other portions of the Service, or that may expose Outlook Templates, the Service, or its users to harm or liability of any nature.
Avian Group takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto.
You retain copyright and any other rights you already hold in all content that you submit, post, or display on or through the Service.
5. Fees
Avian Group does not currently charge a fee for access or use of the Services or the Software. Avian Group reserves the right to charge for use of the Service or the Software at any time by providing you advance written notice.
6. Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, or other information, provided by you in the form of email or other submissions to Avian Group (excluding material that you post using the Document Templates Services in accordance with these Terms), are non-confidential and will become the sole property of Avian Group. Avian Group will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Avian Group maintains a policy of terminating, in appropriate circumstances and at Avian Group's sole discretion, account holders who are deemed to be repeat infringers. Avian Group may also at its sole discretion limit access to the Service to any users and terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Copyright Complaints
If you believe that any content on the Service infringes upon any copyright that you own or control, you may file a notice of infringement with Avian Group's designated agent as set forth below.
Name of agent designated to receive notification of claimed infringement: Avian Group Pte Ltd
Full address of designated agent to whom notice should be sent: 14 Robinson Road, #13-00, Far East Finance Building, Singapore
Email Address of designated agent: sales@avian.sg
Avian Group may give notice of a claim of copyright infringement to users of the Service by means of a general notice on the Service, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's address in its records.
9. Indemnification
You will defend, indemnify, and hold harmless Avian Group, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, the Software, your violation of these Terms, or your violation of any rights of a third party.
10. Risks Associated with Beta Products; No Technical Support
The current version of the Service and the Software is pre-commercial release or beta version ("Beta Version") of the Outlook Templates product. To the extent that any provision in this Section is in conflict with any other term or condition in these Terms, this Section supersedes the conflicting term or condition with respect to the Beta Version, but only to the extent necessary to resolve the conflict. WHERE LIABILITY CANNOT BE EXCLUDED FOR BETA VERSION SOFTWARE, BUT IT MAY BE LIMITED, Outlook Templates'S LIABILITY AND THAT OF ITS SUPPLIERS AND LICENSORS WILL BE LIMITED TO THE SUM OF $50 IN TOTAL. You acknowledge and agree that the Beta Version has not yet been tested like other commercially released products that you may use. Therefore, it is likely that the Service and the Software will contain errors, including errors that may cause the Service, the Software, or your computer to malfunction or cause a loss of data. If you do not wish to accept the risk of errors in the Service or the Software, please do not use the Beta Version. Avian Group is not obligated to correct errors, correct the effects of errors (e.g., fix your computer or recover lost data), or provide any technical support related to use of the Beta Version.
11. Disclaimer of Warranties
YOUR USE OF THE SERVICE AND THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY OTHER USERS, IS AT YOUR SOLE RISK. THE SERVICE AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Outlook Templates AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AVIAN GROUP DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE, THE SOFTWARE, OR YOUR ACCESS TO ANY CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Limitation of Liability
NEITHER AVIAN GROUP NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AVIAN GROUP OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, THE SOFTWARE, OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF AVIAN GROUP AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Restrictions on Access
Notwithstanding any provision of these Terms, Avian Group reserves the right, without notice and in its sole discretion, to terminate your license to use the Service and the Software, and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, Avian Group reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in its sole discretion. Neither Avian Group nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service. Upon notice from Avian Group, you will remove the Software from the personal computers on which you have installed it.
14. Consent to Electronic Communications
By using the Service or the Software, you consent to receiving electronic communications from Avian Group. These communications may include notices about your Outlook Templates account and information concerning or related to the Service and the Software. You agree that any notices, agreements, disclosures, or other communications that Avian Group sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. General Legal Notices
Avian Group's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or the Software, or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of Singapore, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service, the Software, or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Singapore, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Singaporean law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and Avian Group concerning the Service and the Software. These Terms supersede all prior agreements or communications between you and Avian Group regarding the subject matter of these Terms.
16. Questions and Contact Information
If you have any questions or concerns about the Service, the Software, or these Terms, you may contact Avian Group at sales@avian.sg.
