Terms & Conditions
Master Product & Services Agreement
Thank you for your interest in our products and services. The @ Company provides its products and services to you subject to the following Terms of Service (“Terms“), which may be updated from time to time and without notice.
The following Terms govern your use of the The @ Company website (the “Site”), and all content (includes data, structured and unstructured “Content”), features, tools, services, applications and/or products available on or through the Site (collectively, the “Services“). By registering for, accessing, browsing, or otherwise using the Services, you are accepting and agreeing electronically to these Terms. The terms “The @ Company“, “us“, “we” or “our” refers to The @ Company The terms “you” or “your” refers to the person accessing or using the Services, or the company or organization on whose behalf that person accesses the Services.
Registration is required to activate @Sign services and @sign apps.
The @ Company offers a “Free @sign” option for free. We also offer personalized “Custom @signs” that are subject to upfront fees and an annual renewal fee. @sign features and information are maintained on our website. To be qualified to register:
- Prospective registrants must be at least 13 years old.
- Each registration is valid for your personal use only.
- Access and use of Services using your @Sign by third parties are not permitted. You are responsible for preventing unauthorized use of your @Sign registration.
- You are responsible for all activity occurring under your @sign and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.
- We may at our sole discretion reject a request to create an @sign.
The @ Company offers the following @Sign registration options.
The @ Company allows you to create a Free @sign.
The @ Company reserves the right to return your Free @sign to the available pool if we find that it has not been used for the preceding 12 months.
Custom @signs (Paid)
The @ Company offers you the option of creating four levels of Custom @signs (subject to availability).
- Hybrid – part Custom, part generated
- Custom – choose your name
- Single Word – your choice
- Three Character – your choice
Custom @Signs allow you to customize your @sign name and establish your digital brand. You agree to pay The @ Company the license fee on the name. The @ Company reserves the right to change the fees for the renewal use of Custom @signs and services or for new @signs. The @ Company will send you a notice of such change in advance of the time such change takes effect (via a message on or through the Services or via email).
The @ Company accepts credit cards for the licensing of Custom @signs. We do not store your credit card information. If any fee is not paid in a timely manner, or The @ Company is unable to process your transaction using the credit card information provided, The @ Company reserves the right to return your Custom @sign to the available pool. If the amount owing to The @ Company is not paid within five (5) days after your Custom @sign is registered you will receive a notice of default. If not cured within the next two days your Custom @sign will be returned to the pool.
Custom @Signs are subject to an annual renewal fee (the fee may be changed without prior notice). The annual fees are due on the date you convert to a Custom @sign and annually thereafter. The @ Company may send a renewal reminder email to your Custom @sign. All fees and charges are nonrefundable.
@sign Security Keys
You are responsible for safeguarding the security keys that you use to access the Services and you agree not to disclose your security keys to any third party. You are responsible for any activity using your @sign (regardless of whether you have a Free @sign or a Custom @sign), whether or not you authorized that activity. You should immediately notify The @ Company of any unauthorized use of your @sign.
Cancelling, Returning, Exchanging or Upgrading Your Custom @sign
The @ Company Custom @sign licenses are prepaid and are non-refundable or exchangeable. You may cancel your Custom @sign at any time. Cancellation will be effective immediately. If you wish to cancel your Custom @sign you may do so via your dashboard page. Should you elect to cancel only your Custom @sign, you can convert to a Free @sign which may be subject to additional limits.
Right to Sell.
You have a right to sell and trade your @signs.
Termination for Cause.
You agree that The @ Company may, at any time and without prior notice terminate your Free or Custom @sign and access to the Services for cause.
Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated @sign cancellation), (d) your discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity if all fees have not been paid, (g) your fraudulent or illegal activities on the Service, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made at The @ Company’ sole discretion and that The @ Company shall not be liable to you or any third party for any termination of your @sign or access to the Services, or the loss of access to your Content as a result of such termination.
The @ Company Services includes software, widgets, services, programs, tools, applications and websites hosted or made available by The @ Company, which allows you to share content on The @ Company’s site as well as third party sites and applications. How and with whom you wish to share your Content is always under your control and The @ Company does not have direct access to your Content and we do not store any personal information with the exception of your designated contact preference (e.g. phone number or email address) which we only use if we need to contact you, or if you opt-in to notifications from us.
Modifications to Services or Terms
We may have to reserve the right to modify, suspend, or discontinue all or any aspect of the Services from time-to-time, with or without notice to you, and we are not liable to you or any third party should we exercise such right. We may, now or in the future, include features and capabilities that link to third-party services, content, applications, widgets or websites. If you object to any such changes to the Services or Terms, your sole recourse is to discontinue using the Services. Continued access and/or use of the Services after any such changes have been posted or made available on or through the Services shall indicate your assent to and acceptance of such changes.
In the event Customer provides The @ Company with any suggestions, ideas, improvements or other feedback with respect to any aspect of any of the foregoing (“Feedback”), Customer shall and hereby does grant The @ Company (and its successors and assigns) a non-exclusive, perpetual, irrevocable, sub licensable, transferrable, royalty-free, fully paid-up worldwide right and license to copy, reproduce, modify, create derivatives of, display, perform, sell, offer for sale, distribute and otherwise exploit such Feedback for any purpose.
Your Content in Our Services
When using our Services you may upload or provide information, files, and other content, including but not limited to web links, videos, images, text, annotations, animations, widgets, graphs, files, spreadsheets, text documents, photos, graphic designs, and/or other types of content. (collectively, your “Content“). You retain full ownership of your Content.
Permissions, Posting, and Publishing your Content
You agree that you shall be solely responsible for your Content and the consequences of providing permissions to others, posting or publishing your Content on or through the Services. By posting or uploading your Content to or through the Services, you hereby grant The @ Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, store, reproduce, reformat, distribute, transmit, prepare derivative works of, display, and perform your Content The @ Company’ (and its parent’s and successor’s) will have the right without limitation, for promoting and redistributing your Content (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter developed. You also hereby grant each customer of the Services who accesses your Content a non-exclusive license to access your Content, and to use, reproduce, distribute, display and perform your Content solely for personal, non-commercial use.
If and when you decide to rescind permissions to display your Content, that content is no longer stored or backed up.
The foregoing license granted by you to other customers terminates once you block access to, remove or delete your Content from the Service, Rights of other customers to such Content arising from your distribution prior to deletion of such Content from the Service shall survive any termination of this license.
Under the conditions of the Digital Millennium Copyright Act (DCMA), The @ Company will remove your Content from the Services if properly notified that your Content infringes on a third party’s intellectual property rights.
In order for us to provide you with these Services, you understand and agree that you are allowing The @ Company to use, retrieve, distribute, integrate, present, embed, and access your Content (as defined below) in accordance with these Terms. You further understand that the provision of the Services to you may depend on us sending you service announcements, administrative messages, and other information. You may opt out of some of those communications by choosing the applicable options in your dashboard.
We cannot access your Content without your permission. For example, we may need access to your Content for purposes of hosting your files, sharing them with others at your direction or backing up your data to keep it safe. Your Content is displayed on or through the Services for informational purposes only and is not otherwise endorsed or controlled by The @ Company. All your Content is encrypted and we do not have access to it unless you provide permission to our site or others to view or use it.
Your Ownership and Nature of Content
In connection with your Content, you affirm, represent, and warrant that: (i) you own your Content or have the necessary licenses, rights, consents, and permissions to share all of the licenses set forth above, and (ii). Without limiting the generality of the foregoing, you further agree that you will not: (i) publish Content that includes material which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights., (ii) publish falsehoods or misrepresentations that could damage The @ Company or any third party; or (iii) submit Content that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. The @ Company does not endorse any of your Content or any opinion, recommendation, or advice expressed therein. The @ Company shall have no obligation to monitor any Content posted or uploaded to the Services, although The @ Company reserves the right, in its sole discretion, to refuse to allow any Content on the Services and/or to delete from the Services or modify any Content at any time with or without notice to you. Without limiting the generality of the preceding sentence, The @ Company will remove your Content from the Services if properly notified that your Content infringes on a third party’s intellectual property rights and/or terminate a customer’s access to the Services, if they are determined to be a repeat infringer. (see “Digital Millennium Copyright Act Compliance” below).
Ownership of the Services
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks and other proprietary rights. With the exception of our Open Source Code and your or any other customer’s Content, all content, services and/or products available on the Site or otherwise accessed through the Services, (collectively, the “The @ Company Materials”), is owned or controlled by us, our affiliates or licensors, and is protected by copyright and other intellectual property laws.
Subject to the foregoing, we authorize you to download a single copy of any part of the The @ Company’ Materials (including all copyright and proprietary notices) expressly made downloadable by us. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site or the Services. You shall not copy, distribute or publish any The @ Company Materials or any information obtained or derived therefrom except as permitted on or through the Services or as otherwise permitted by applicable law.
Links to Third Party Sites
The Services may contain or provide links to other websites or resources unaffiliated with The @ Company. The @ Company has no control over such sites and resources, you acknowledge and agree that The @ Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any of it’s content. You further acknowledge and agree that The @ Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the information, goods or services available on or through any such third party site or resource. By using the Services, you expressly release The @ Company from any and all liability arising from your use of or reliance on the information, materials, products or services available on or through any such third-party sites or resources.
General Rules of Conduct
To make the use of our Site and Services a good experience for all people using our services, you agree not to do any of the following:
- Conduct or promote any illegal activities while using the Services;
- Upload, post, transmit or otherwise make available on or through your Content any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a The @ Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- Decompile, reverse engineer, or otherwise access or attempt to access or derive the source code for the Services or any part thereof;
- Jeopardize or attempt to jeopardize the correct functioning of the Site or Services, or make or attempt to make any modification to the Services or any part thereof;
- Rent, lease, loan, sell, resell, sub-license, distribute or otherwise transfer any of the licenses granted to you in these Terms;
- Modify, change or alter in any way, the proprietary content of other customers of the Services;
- Upload, post, email, transmit or otherwise make available any material to or through the Services that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempt to gain access to secured portions of the Site to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
- “Stalk” or otherwise harass another; and/or
- Collect or store personal data about other customers without their permission.
Disclaimers of Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE @ COMPANY, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. THE @ COMPANY, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE @ COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “THE @ COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE @ COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED ￼ OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL THE @ COMPANY PARTIES’ LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES OR YOUR INTERACTION WITH OTHER CUSTOMERS OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY ACCESS TO OR USE OF THE SERVICES OR ANY PART THEREOF, OR FIFTY DOLLARS, WHICHEVER IS GREATER.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, The @ Company PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless The @ Company and its affiliates from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, representations made to The @ Company, other customers of the Services, and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. The @ Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify The @ Company, and you agree to cooperate with such defense of these claims.
Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement except upon the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section will be null and void.
Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of this Agreement and which are beyond the reasonable control of such party (“Force Majeure Event”), such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency. In the event of a Force Majeure Event that prevents one part from substantially performing its obligations hereunder for a period of ten (10) days or more, either party may terminate this Agreement on five (5) days written notice.
Subcontractors. The @ Company may use the services of subcontractors for performance of services under this Agreement, provided that The @ Company remains responsible for (i) compliance of any such subcontractor with the terms of this Agreement and (ii) for the overall performance of The @ Company Products as required under this Agreement.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
Governing Law; Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under this Agreement shall be finally settled in accordance with the Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) in accordance with such Rules. The arbitration shall take place in California, in the English language and the arbitral decision may be enforced in any court. Subject to the foregoing arbitration provision, all disputes arising in connection herewith will be subject to the sole and exclusive jurisdiction and venue of the state and Federal courts located in New York, New York (and the parties each hereby consent and submit to such jurisdiction and venue).
Attorneys’ Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.
Notice. Any notice or communication required or permitted under this Agreement shall be in writing to the parties at the addresses set forth on the first page of this Agreement or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail. In addition, to be effective, legal notices to The @ Company (such as for breach) must also be provided in email to: firstname.lastname@example.org (subject heading: Attn: Legal Notice) (but, notwithstanding earlier receipt via email, legal notices will be deemed received when the physical notice is received as set forth in preceding sentence).
Amendments; Waivers. No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. Purchase orders (and similar documents) issued by Customer are for administrative purposes only (e.g. setting forth products and services ordered and associated fees) and any additional or different terms or conditions contained in any such order shall not apply (even if the order is accepted, or performed on by The @ Company). Except as set forth in the preceding sentence, (i) in the event of a conflict between any schedule or Order Form and this Agreement the schedule or Order Form (as applicable) will control and (ii) in the event of a conflict between any schedule and any Order Form, the Order Form will control.
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. This Agreement is executed electronically when you register your @sign by clicking “I agree.”
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Copyright/ Trademark Information
Copyright © 2019-2020 The @ Company, All rights reserved. The trademarks, logos and service marks (“Marks“) displayed on the Site and/or the Services are our property or the property of our third parties affiliates or licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party who owns the Marks.
Last updated October 26, 2020