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Terms of Services

From website design and hosting to specific advertising services, I offer a wide variety of services and content.  All designed to help you marketing your business and website better.

By using any of my online medias and services you agree to the Terms of Service below.

Last Updated 8/22/2022

1. Introduction

These Terms and conditions apply to the design services, web hosting, subscriptions, and downloads (the services) I offer on my websites/social media accounts as well as the transactions related. You may be bound by additional contracts related to your relationship with me or any products or services that you receive. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding

By registering with, accessing, or otherwise using my services, you hereby agree to be bound by these terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these terms and conditions. In some particular cases, I may also ask you to explicitly agree in writing via a signed contract.

 

3. Electronic communication

By using the services or communicating with me by electronic means, you agree and acknowledge that I may communicate with you electronically on my website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that I provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

I or my licensors own and control all of the copyright and other intellectual property rights of the services the subscription and the data, information, and other resources displayed by or accessible within my websites. All creative work done by be for you or on your behalf including website design and development, Social media and email marketing campaigns, email list created or purchased, and any other advertising collateral created by me or my affiliates for you or the intellectual property of you and or your company.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on my websites in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletters and other marketing 

Notwithstanding the foregoing, you may forward my newsletters and blog posts in the electronic form to others who may be interested in visiting my websites.

6. Third-party property

My website may include hyperlinks or other references to other party’s websites. I do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by me.

I will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. I will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. Responsible use

By visiting my websites, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use my website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from my websites for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to my websites.

Engaging in any activity that causes, or may cause, damage to the websites or that interferes with the performance, availability, or accessibility of the websites is strictly prohibited.

8. Registration

You may register for an account on some of my websites and may need to to use the products and services it provides. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to the website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify me immediately if you become aware of any disclosure of your password. After account termination, you will not attempt to register a new account without prior permission.

9. Idea submission

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to me unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to me absent such written agreement, you grant to me a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. Termination of use

I may, in my sole discretion, at any time modify or discontinue access to, temporarily or permanently, the websites I manage or any services provided thereon. You agree that I will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on my websites.

11. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. My website properties and all content on them are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. I expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. I make no warranty that:

* My websites, products, or services will meet your requirements * The websites and services will be available on an uninterrupted, timely, secure, or error-free basis. * The quality of any product or service purchased or obtained by you through me will meet your expectations.  

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for me to limit or to exclude my liability. In no event will I be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, my services.

Except to the extent any additional contract expressly states otherwise, my maximum liability to you for all damages arising out of or related to any products and services marketed or sold through by me, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to me to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. Privacy

To access my websites and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

I take your personal data seriously and am committed to protecting your privacy. I will not use your email address for unsolicited mail. Any emails sent by me to you will only be in connection with the provision of agreed products or services unless you opt into emails for services, marketing, or company updates. I have developed a policy to address any privacy concerns you may have. For more information, please see my Privacy Statement and my cookie policy.

13. Accessibility

I am committed to making the content I provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of my websites due to your disability, I just ask you to give me a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques I will promptly resolves  it.

14. Affiliate marketing

Through my websites and social media I may engage in affiliate marketing whereby I receive a percentage of or a commission on the sale of services or products on or through my content. I may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

15. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without my prior written consent. Any purported assignment in violation of this Section will be null and void.

16. Breaches of these Terms and conditions

Without prejudice to my other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, I may take such action as  deemed appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, services, and subscriptions by contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

17. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

18. Indemnification

You agree to indemnify, defend and hold me and any third party I include harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse me for any damages, losses, costs and expenses relating to or arising out of such claims.

19. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

20.Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

21. Entire agreement

These Terms and Conditions, together with my privacy statement and cookie policy, constitute the entire agreement between you and Matthew Boyles Media in relation to your use of my websites. If a separate contract was signed for certain services the contract will govern those services only  

22. Updating of these Terms and conditions

I may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of my websites following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

23. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of United States. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Blair County Pennsylvania, United States. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

24. Contact information

This website is owned and operated by Matthew Boyles.

You may contact me regarding these Terms and Conditions through my contact page.

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