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Terms of Service

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Vortex Apps Agreement This Vortex Apps Standard Edition Agreement (the "Agreement") is entered into by and between Vortex Studio, LLC, a California corporation, with offices at 2033 Gateway Place, Sixth Floor, San Jose, California 95113 ("Vortex Studio") and the entity agreeing to the terms herein ("Customer"). This Agreement will be effective as of the date you click the "I Accept" button below (the "Effective Date"). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these terms and conditions; (ii) that you have read and understand this Agreement; and (iii) that you agree, on behalf of the party that you represent, to this Agreement. If you don't have the legal authority to bind, please do not click the "I Accept" button below. This Agreement governs Customer's access to and use of the Service (as defined below). 1. Definitions. * 1.1 "Customer Domain Name(s)" means the domain name(s) owned by Customer and approved by Vortex Studio for use with the Service (as defined below). * 1.2 "End Users" mean Customer's end users who utilize any of the Vortex Apps. * 1.3 "End User Account" means Vortex-hosted accounts provided to Customer's End Users through the Service for the purpose of enabling such End Users to use the Service. Vortex Studio may limit the number of available End User Accounts it provides to End Users of Customer at its sole discretion. * 1.4 "Service" means the services referred to by Vortex Studio as "Vortex Apps for Your Domain" or "Vortex Apps" that are hosted by Vortex Studio and described in this Agreement, which may include without limitation, the Hosted Communication Services and the Vortex Apps Homepage Service. * 1.5 "Hosted Communication Services" means the hosted services provided by Vortex Studio hereunder that provide Customer with Vortex-hosted End User Accounts for its End Users for the purpose of (i) enabling End Users to send and receive email and/or instant messages at one or more Customer Domain Names and (ii) any other functionality, products and/or services that Vortex Studio may provide from time to time as part of the Hosted Communication Services, as applicable. * 1.6 "Vortex Apps Homepage" means a Vortex-hosted web page provided through the Vortex Apps Homepage Service. * 1.7 "Vortex Apps Homepage Service" means the service that provides Customer with a Vortex-hosted web page for its End Users that enables certain customization by the Customer through the administrative console and enables further customization by each End User with an End User Account. * 1.8 "Domain Service" means the service provided by Vortex Studio to help Customer register Customer Domain Names through third party registrars. 2. Hosted Communication Services. Vortex Studio will use commercially reasonable efforts to provide the Hosted Communication Services to Customer during the term of this Agreement. Customer agrees that Vortex Studio may serve advertisements ("Ads") in connection with the Hosted Communication Services. Subject to the terms and conditions of this Agreement, Customer may use the Service to (a) provide End User Accounts to its End Users, and (b) administer such End User Accounts through the provided administrative console. Both parties acknowledge that an End User is a customer of both Customer and Vortex Studio. Information collected by Vortex Studio may be stored and processed in the United States or any other country in which Vortex Studio or its agents maintain facilities. By using the Hosted Communication Services, Customer consents to any such transfer, processing and storage of information. Customer is solely responsible for monitoring, responding to, and otherwise processing emails sent to the "abuse" and "postmaster" aliases for Customer Domain Name(s); however, Customer acknowledges and agrees that Vortex Studio may also monitor, respond to or otherwise process emails sent to such aliases for Customer Domain Name(s). Customer acknowledges that the Hosted Communication Services are not a telephony service and that the Hosted Communication Services are not capable of placing or receiving any calls, including emergency services calls, over publicly switched telephone networks. Customer agrees that any revenue generated by Vortex Studio from the Ads or otherwise derived by Vortex Studio from the Hosted Communication Services will be retained by Vortex Studio and not be subject to any revenue sharing. 4. Appropriate Customer Content. Customer agrees that all Customer Content is the sole responsibility of Customer. Vortex Studio reserves the right, but shall have no obligation, to pre-screen, refuse or move any Customer Content available via the Vortex Apps Homepage Service. Without limiting the foregoing, Vortex Studio and its designees shall have the right to remove any Customer Content or other content that violates this Agreement or is otherwise objectionable. Customer understands that by using the Vortex Apps Homepage Service, that Customer and End Users may be exposed to content that is offensive, indecent or objectionable, and that Customer and its End Users use the Vortex Apps Homepage Service at their own risk. 5. Disclaimer Regarding Additional Content. Additional Content may be provided by third parties and may be modified or removed by Vortex Studio at any time, including at the request of those third parties. Third party providers of Additional Content may include financial exchanges and may be delayed as specified by such financial exchanges or Vortex Studio's data providers. Vortex Studio does not verify any data and disclaims any obligation to do so. Vortex Studio, its data or content providers, the financial exchanges and each of their affiliates and business partners (a) expressly disclaim the accuracy, adequacy, or completeness of any data, and (b) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. Neither Vortex Studio nor any of its information providers will be liable for any damages relating to Customer's or End User's use of the information provided herein. As used here, "business partners" does not refer to an agency, partnership, or joint venture relationship between Vortex Studio and any such parties. Customer agrees not to copy, modify, reformat, download, store, reproduce, reprocess or redistribute any data or information from the Additional Content or use any such data or information in a commercial enterprise without obtaining prior written consent. All data and information is provided "as is" for personal informational purposes only, and is not intended for trading purposes or advice. A broker or financial representative should be consulted to verify pricing before executing any trade. Either Vortex Studio or its third party data or content providers have exclusive proprietary rights in the data and information provided. 6. Setting of the Browser Default Page. If a Customer chooses to change an End User's browser default home page to point to the Vortex Apps Homepage, Customer shall (i) fully, accurately, clearly and conspicuously disclose the change in a manner that will explain the practical effect of such change and (ii) obtain the End User's affirmative consent to make such change. Customer agrees not to repeatedly ask an End User to set, or try to deceive an End User into setting, such End User's browser default home page to the Start Page. 7. Access to the Vortex Apps Homepage. Customer understands that the Vortex Apps Homepage is hosted on a publicly accessible web server by Vortex Studio, and third parties other than Customer's End Users may be able to view and access the Vortex Apps Homepage and any Customer Content and Additional Content on the Vortex Apps Homepage. 8. Domain Service. Customer may, through Vortex Studio's interface, register domain name(s) through or transfer domain name(s) to third party domain name registrars who have a contractual relationship with Vortex Studio ("Registrar Partners"). Vortex Studio's role in such registration is principally in suggesting a Registrar Partner to Customer, helping Customer to register Customer Domain Name(s) with such Registrar Partner and aiding in the setup of Vortex Studio Service(s) through such Registrar Partner. Vortex Studio's Registrar Partners currently include eNom, Inc. and GoDaddy.com, Inc. but these Registrar Partners may change from time to time at Vortex Studio's sole discretion. Customer must agree to the Registrar Partner's Terms and Conditions in order to register a domain name with that Registrar Partner. Customer understands that Customer has a separate contractual agreement with the Registrar Partner and that Customer is responsible for all liability, obligations, and fees as specified in that agreement. Any issues regarding availability, purchase, renewal, maintenance or other support relating to Customer's domain name registration should be addressed to such Registrar Partner and not Vortex Studio. Vortex Studio bears no responsibility for such issues. Customer also understands that Vortex Studio is not responsible for forwarding any correspondence directed to Vortex Studio on Customer's behalf. 9. Registration. Customer understands that Customer is the Registrant for Customer's domain name(s) as defined by the Internet Corporation for Assigned Names ("ICANN"). Customer agrees to comply with the relevant ICANN regulations and policies concerning Customer's Domain Name(s), including ICANN's Uniform Dispute Resolution Process. Customer agrees to submit and maintain Customer's registration information, including contact information for the registration and other contacts, as complete and accurate at all times. Customer also agrees and understands that though Customer may elect to keep Customer information out of the WHOIS database, if regulations regarding such election change, Customer's Registrar Partner or Vortex Studio may disclose Customer's information as it reasonably believes necessary. To the extent that Customer names others to act on Customer's behalf as Registrant, Administrator or in any other capacity, Customer agrees that Customer is liable for any obligations or liability that its agents incur relating to Customer's domain(s) and Customer must have its agents accept these Terms and the Registrar Partner's Terms and Conditions. 10. Fees. Customer agrees that Customer shall be responsible for all fees concerning the Domain Service payable to Customer's Registrar Partner(s) and that Vortex Studio may bill Customer for such fees. Vortex Studio may collect such fees from Customer for payment to Customer's Registrar Partner(s), but is under no obligation to do so. During signup or through the Domain Service, Customer may choose to automatically renew Customer's Domain Name(s). If Customer so chooses, Vortex Studio will convey Customer's request to Customer's Registrar Partner(s) and bill Customer for the then current fee for renewal when such payment is due. The current yearly fee for renewal is ten (10) U.S. dollars, but such fee may change at any time (and will be listed with Customer's current renewal option as part of the Service). 11. Domain Records. Customer authorizes Vortex Studio to correspond with Customer's Registrar Partner(s) on Customer's behalf and to make changes to Customer's records with such Registrar Partner(s) in order to facilitate the functioning of the Services offered under this Agreement. Customer authorizes Vortex Studio to, at its option, become the Technical, Billing or other contact for domains registered through the Domain Service. 12. Transfer. Customer understands that Vortex Studio may change its Registrar Partners or begin providing such domain name registration services itself at any time and at its sole discretion. In connection with such a change, Vortex Studio may change Customer's Registrar. Customer authorizes Vortex Studio to act as the agent of the Registrant for the limited purpose of requesting such a change and completing any necessary forms or agreements. Customer also authorizes Vortex Studio to become and reset the Administrative Contact for the limited purpose of transferring Customer Domain Name(s) and completing any necessary forms or agreements. 13. Customer Obligations. 14. End User Terms. Customer acknowledges that its End Users will be bound by terms relating to the each component of the Service which may include but are not limited to the Vortex Studio Terms of Service (which may be modified from time to time) available at http://www.vortexstudio.com/forms/terms_of_service.html or such URL as Vortex Studio may provide. Customer acknowledges that each End User of the Service consents to privacy policies relating to the Service which may include but are not limited to the Vortex Apps Privacy Policy (which may be modified from time to time) available at http://www.vortexstudio.com/forms/privacy_policy.html or such URL as Vortex Studio may provide. In the event that Customer becomes aware of any End User's violation of any applicable terms of use or policy, Customer agrees to (i) promptly notify Vortex Studio and (ii) immediately suspend or terminate such End User Account unless Vortex Studio agrees otherwise in writing (including by email). At Vortex Studio's request, Customer will promptly suspend or terminate any End User Account or administrator's access to the Service in response to a violation of any applicable terms of use or policy by an End User or administrator. Vortex Studio reserves the right at its discretion to suspend or terminate the End User Account of any End User. 15. End User Privacy Policies. Customer agrees to protect the privacy of its End Users of the Service through a policy communicated to its End Users and no less protective of its End Users than the Vortex Apps Privacy Policy and the Vortex Studio Privacy Policy referenced above. 16. Customer Administration of the Services. Customer will receive a password and account to use in connection with administering the End User Accounts of its End Users and the Vortex Apps Homepage. Customer is responsible for maintaining the confidentiality of the password and account, designating those employees who are authorized to access the account, limiting the scope of such authorization to performance of duties under this Agreement, and for all activities that occur under Customer's account. Customer agrees to immediately notify Vortex Studio of any unauthorized use of, or access to, the Service, Customer's password or account, or of any other breach of security. Vortex Studio cannot and will not be liable for any loss or damage from Customer's failure to comply with these security obligations. Customer acknowledges and agrees that under no circumstances will Vortex Studio be liable in any way for any acts or omissions of Customer or any End User including any damages of any kind incurred as a result of such acts or omissions. 17. Deployment of Services. Furthermore, Vortex Studio reserves final approval authority with respect to the means used by Customer to deploy each component of the Service, and in the event Vortex Studio disapproves of such deployment, Vortex Studio shall have the right, upon notice to Customer, to suspend any continued use of the Service until such time Customer implements adequate corrective modifications as reasonably required and determined by Vortex Studio. 18. Usage Policies and Limits. Customer shall comply with any usage policies and limits concerning use of the Service as requested by Vortex Studio from time to time, including without limitation: (i) Vortex Studio's technical and implementation requirements; (ii) Vortex Studio's brand treatment guidelines for the Service; (iii) Vortex Studio website terms of use and privacy policies; and (iv) Vortex Studio requirements for data security. Vortex Studio shall have the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation and availability of any Service feature, without notice and without liability. Vortex Studio shall have the right to impose limits on certain features or restrict access to parts or all of the Service without notice and without liability. 19. Permissible Use. Customer agrees to use the Service only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines. Customer agrees that it will not engage in any activity that interferes with or disrupts the Service or servers or networks connected to the Service. In addition to this agreement, Customer's use of some specific Vortex Studio services is governed by the policies or guidelines that are presented to Customer when Customer signs up for or accesses those services and which are specifically incorporated into this Agreement. Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control. A Customer in a country outside of the United States agrees to additionally comply with any local rules regarding online conduct and acceptable content, including laws regulating the export and reexport of data to and from the United States or such other country. 20. Technical Support Services. Customer is responsible for responding to any questions and complaints by End Users or other third parties relating to Customer or its End Users' use of the Service, with such support services to be provided at Customer's own expense. Subject to the terms and conditions of this Agreement, Vortex Studio shall provide technical support services to Customer's designated administrator in accordance with Vortex Studio's support guidelines then in effect for the Service. Prior to making any support request to Vortex Studio, Customer shall first use reasonable efforts to fix any error, bug, malfunction, or network connectivity defect on its own without any escalation to Vortex Studio. Thereafter, Customer's designated administrator may submit a written request for technical support through the online help center which is accessible at http://www.vortexstudio.com/support, or such URL as Vortex Studio may provide. Technical support services for End Users of the Service are provided by Vortex Studio solely through the Help Center, which is accessible at http://www.vortexstudio.com/support/ or such URL as Vortex Studio may provide. 21. Confidential Information. In connection with performance of its obligations hereunder, a party (the "Discloser") may disclose to the other party (the "Recipient") certain information that the Discloser considers confidential and/or proprietary ("Confidential Information") including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service; and (f) the terms of this Agreement and the discussions, negotiations and proposals related thereto. The Recipient will only have a duty to protect Confidential Information disclosed to it by the Discloser: (1) if it is clearly and conspicuously marked as "confidential" or with a similar designation; (2) if it is identified by the Discloser as confidential and/or proprietary before, during, or promptly after presentation or communication; or (3) if it is disclosed in a manner in which the Discloser reasonably communicated, or the Recipient should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation "confidential" or any similar designation is used. Customer acknowledges that the source and object code of the software underlying the Service (the "Software") remains a confidential trade secret of Vortex Studio and/or its licensors and that Customer is not entitled to review either the object code or the source code of the Software for any reason at any time. Recipient shall not disclose or cause to be disclosed any Confidential Information of Discloser, except to those employees, agents, representatives, or contractors of the parties who require access to the Confidential Information to perform under this Agreement ("Authorized Personnel") and who are bound by written agreement not to disclose third-party confidential or proprietary information disclosed to Recipient, or as such disclosure may be required by law or governmental regulation. Furthermore, Recipient agrees to be responsible for any act and/or omission of any Authorized Personnel in breach of this Section. Recipient shall protect the Confidential Information of Discloser by using the same degree of care, but no less than a reasonable degree of care, that it uses to protect its own confidential information of a like nature to prevent its unauthorized use, dissemination or publication to any unauthorized third parties. A party's Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of Recipient; (ii) was in the Recipient's lawful possession prior to the disclosure and was not obtained by Recipient either directly or indirectly from the Discloser; (iii) is lawfully disclosed to the Recipient by a third party without restriction on Recipient's disclosure, and where Recipient was not aware that the information was the confidential information of Discloser; or (iv) is independently developed by the Recipient without violation of this Agreement. Recipient may disclose Confidential Information solely as needed to comply with a court order, subpoena, or other government demand (provided that Recipient first used all commercially reasonable efforts to notify Discloser and to give Discloser the opportunity to challenge such court order, subpoena, or government demand except in situations where Recipient is prevented, per lawful government request, from disclosing the existence of the court order, subpoena, or other government demand). Results, analyses or other information generated in benchmarking and/or performance testing of the Service shall be Confidential Information of Vortex Studio and shall, at the request of Vortex Studio, be provided to Vortex Studio. Each party acknowledges that damages for improper disclosure of Confidential Information may be irreparable; therefore, the injured party is entitled to seek equitable relief, including temporary restraining order(s) or preliminary or permanent injunction, in addition to all other remedies, for any violation or threatened violation of this Section 8. A Recipient shall have a duty to protect Confidential Information during the term of this Agreement and for a period of five (5) years thereafter. 9. Ownership; Restricted Use. Vortex Studio and its licensors shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below) relating to the Service (and any derivative works or enhancements thereof), including but not limited to, all software, technology, information, content, materials, guidelines, and documentation. Customer shall not acquire any right, title, or interest therein, except for the limited use rights expressly set forth in the Agreement. Any rights not expressly granted herein are deemed withheld. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Vortex Studio does not own third party content used as part of the Service, including the content of communications appearing on the Service. Title, ownership rights, and Intellectual Property Rights in and to the content accessed through the Service are the property of the applicable content owner and may be protected by applicable copyright or other law. Customer agrees not to, or to allow others to: (i) adapt, translate, or modify the Software; (ii) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source or object code of the Software, except to the extent applicable laws specifically prohibit such restriction; (iii) copy the Software; (iv) use the Service for High Risk Activities as described in Section 13; or (v) sublicense, loan, sell, rent or lease the Service, or any component thereof. Any and all third party binary or source code included in each portion of the Service may be used only in conjunction with such portion of the Service, and such use shall be subject to all the terms and conditions of this Agreement. THE SERVICE OR ANY PORTION THEREOF MAY NOT BE USED, COPIED, TRANSFERRED, OR MODIFIED EXCEPT AS EXPRESSLY PERMITTED BY THIS AGREEMENT. 10. Brand Features. As used in this Agreement, "Brand Features" shall mean the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Except as expressly allowed by Vortex Studio, any Brand Features, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Service provided to Customer shall not be removed or altered. Subject to the terms and conditions of this Agreement, Customer grants to Vortex Studio a limited, nonexclusive and nonsublicensable license during the term of this Agreement to display those Customer Brand Features expressly authorized for use in this Agreement, solely for the purposes expressly set forth herein. Notwithstanding anything to the contrary, Customer may revoke the license granted herein to use Customer's Brand Features upon providing Vortex Studio with written notice thereof and a reasonable period of time to cease such usage. The pages displaying the Service to End Users ("Service Pages") including the Vortex Apps Homepage may display Customer's Brand Features within the designated area of Service Pages as Customer shall specify from time to time using the automated features included in the Service. Notwithstanding the foregoing, Vortex Studio may prominently display on all Service Pages Vortex Studio's Brand Features. Each party shall own all right, title and interest, including without limitation all Intellectual Property Rights, relating to its Brand Features. 11. PR. Customer agrees not to issue any public announcement regarding the existence or content of this Agreement without Vortex Studio's prior written approval. Vortex Studio may (i) include Customer's Brand Features in presentations, marketing materials, and customer lists (which includes, without limitation, customer lists posted on Vortex Studio's web sites and screen shots of Customer's implementation of the Service) and (ii) issue a public announcement regarding the existence or content of this Agreement. Upon Customer's request, Vortex Studio will furnish Customer with a sample of such usage or announcement. 12. Representations and Warranties. Each party represents and warrants that it has full power and authority to enter into the Agreement. Customer represents, warrants, and covenants that: (i) Customer owns and controls one hundred percent (100%) of the Customer Domain Name(s); (ii) Customer has and will maintain all rights, authorizations and licenses that are required to permit Customer to use the Service; (iii) the execution and delivery of this Agreement, and the performance by Customer of its obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which such party or any of its affiliates are a party or violate any rights of any third parties arising therefrom; and (iv) Customer shall comply with all laws, regulations and ordinances applicable to or otherwise connected with Customer's use of the Service. 13. Warranty Disclaimer. CUSTOMER UNDERSTANDS AND AGREES THAT EACH SERVICE MAY CONTAIN BUGS, DEFECTS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SERVICE INCLUDING ALL CONTENT, SOFTWARE (INCLUDING ANY UPDATES OR MODIFICATIONS TO THE SOFTWARE), FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND ANY USE THEREOF SHALL BE AT CUSTOMER'S OWN RISK. VORTEX STUDIO AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. VORTEX STUDIO ASSUMES NO RESPONSIBILITY FOR THE PROPER USE OF THE SERVICE. VORTEX STUDIO AND ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SERVICE. VORTEX STUDIO MAKES NO REPRESENTATION THAT VORTEX STUDIO (OR ANY THIRD PARTY) WILL ISSUE UPDATES OR ENHANCEMENTS TO THE SERVICE. Vortex Studio does not warrant that the functions contained in the Service will be uninterrupted or error free. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EFFECTIVE DATE. THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USES SUCH AS THE OPERATION OF NUCLEAR FACILITIES, AIR TRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). 14. Indemnification. Customer shall indemnify, defend and hold harmless Vortex Studio, its subsidiaries and other affiliates, and its and their officers, directors, owners, agents, co-branders or other partners, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability, costs, losses, damages, claims and demands, including without limitation attorneys fees and costs incurred by the Indemnified Parties, arising out of or related to (i) Customer Domain Name(s) and/or Customer Brand Features; (ii) Customer's use of the Service; (iii) Customer's disclosure of End User information; (iv) any Customer Content; (v) any breach or non-compliance by Customer of this Agreement, any of Vortex Studio's policies, or Customer's representations or the provision of warranties contained herein; and (vi) any End User's use of the Service. 15. Limitation of Liability. IN NO EVENT WILL VORTEX STUDIO OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED (INCLUDING BUT NOT LIMITED TO USE, MISUSE, INABILITY TO USE, OR INTERRUPTED USE) AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT AND WHETHER OR NOT VORTEX STUDIO WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; OR FOR ANY CLAIM ALLEGING INJURY RESULTING FROM ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR DESTRUCTIVE PROPERTIES OF THE SERVICE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY, OR WILLFUL MISCONDUCT TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FUTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL VORTEX STUDIO'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500). THE SERVICE IS PROVIDED WITHOUT CHARGE FOR BETA TESTING PURPOSES ONLY AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THIS AGREEMENT. 16. Termination. Customer may discontinue use of the Service at any time. Except as provided in Section 18, Vortex Studio reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. Customer agrees that Vortex Studio may at any time and for any reason terminate this Agreement and/or terminate the provision of all or any portion of the Service. Notwithstanding the foregoing, Vortex Studio will provide at least thirty (30) days notice to Customer prior to terminating or suspending the hosted email service (if provided to Customer); provided that such hosted email service may be terminated immediately if (i) Customer has breached this Agreement or (ii) Vortex Studio reasonably determines that it is commercially impractical to continue providing such hosted email service in light of applicable laws. Customer agrees that Vortex Studio shall not be liable to Customer, any End User, or any third party for any modification, suspension, or termination of the Service. Sections 8 (Confidentiality), 9 (Ownership; Restricted Use), 12 (Representations and Warranties), 13 (Warranty Disclaimer), 14 (Indemnification), 15 (Limitation of Liability), 16 (Termination), 19 (Information Requests) and 20 (Miscellaneous) shall survive the expiration or termination of this Agreement. 17. Modification. Except as provided in Section 18, Vortex Studio reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement at http://www.vortexstudio.com/forms/terms_of_service.html or such URL as Vortex Studio may provide. Customer is responsible for regularly reviewing any updates to this Agreement. Any changes or modifications to this Agreement will become binding (i) when made in a writing executed by both parties, (ii) by Customer's online acceptance of updated terms, or (iii) after Customer's continued use of the Service after such terms have been updated by Vortex Studio. 18. Fees. Provided that Vortex Studio continues to offer the Service to Customer, Vortex Studio will continue to provide a version of the Service (with substantially the same services as those provided as of the Effective Date) free of charge to Customer; provided that such commitment: (i) does not apply to the Domain Service described in Section 4 above; and (ii) may not apply to new opt-in services added by Vortex Studio to the Service in the future. For sake of clarity, Vortex Studio reserves the right to offer a premium version of the Service for a fee. 19. Miscellaneous. Customer agrees that Vortex Studio may provide Customer with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on Vortex Studio services. Customer may not assign or otherwise transfer its rights or delegate its obligations under this Agreement, without the prior written consent of Vortex Studio. Any attempted assignment in derogation hereof shall be null and void. Customer agrees that there shall be no third party beneficiaries to this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the federal U.S. laws applicable therein, excluding its choice of law provisions, and Customer and Vortex Studio agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Neither party shall be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. If any provision of this Agreement is found void and unenforceable, it shall be replaced to the extent possible with a provision that comes closest to the meaning of the original provision. The unenforceability of any provision, however, shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. THIS AGREEMENT CONSTITUTES A COMPLETE INTEGRATION OF ALL UNDERSTANDINGS BETWEEN THE PARTIES AND IS THE ENTIRE AGREEMENT BETWEEN CUSTOMER AND VORTEX STUDIO RELATING TO THE SERVICE AND ALL TERMS HEREIN. THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SPECIFICALLY REFERENCED UNIFORM RESOURCE LOCATOR (AS SUCH URL MAY BE MODIFIED FROM TIME TO TIME, AS PROVIDED HEREIN) SHALL TAKE PRECEDENCE OVER ANY PURCHASE ORDER, WEB SITE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT OR OTHER DOCUMENT WHETHER FORMALLY REJECTED BY VORTEX STUDIO OR NOT, AND ANY CONFLICTING, INCONSISTENT, OR ADDITIONAL TERMS CONTAINED THEREIN SHALL BE NULL AND VOID.