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Note: the section titles in the Terms of Service ("TOS") are for convenience only and have no legal or contractual effect.

  1. Acceptance of Terms

    Lienzo welcomes you. Lienzo provides the Lienzo Services (defined below) to you subject to the following TOS, which may be updated by us from time to time. You can review the most current version of the TOS. By accessing and using the Lienzo Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Lienzo owned or operated services, you and Lienzo shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Lienzo may also offer other services that are governed by different Terms of Service.

  2. Description of Lienzo Services

    Lienzo is an online multilingual collaborative tool for building business models. You also understand and agree that the Lienzo Services may include certain communications from Lienzo, such as service announcements, administrative messages, and that these communications are considered part of Lienzo membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Lienzo Services, including the release of new Lienzo properties, shall be subject to the TOS. You understand and agree that the Lienzo Services is provided "AS-IS" and that Lienzo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

  3. Service Implemetation And Payment Terms

    You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the "Registration Data"). Once you subscribe to the service you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.

    Lienzo will submit your customers' payment information to the applicable payment gateway (currently PayPal). Monthly charges for the Service will be at the rates set forth by Service type and agreed upon by you in the registration process. Payments reflecting charges for the prior month's use of the Service will be deducted from your authorized credit card promptly following the end of each calendar month. Prices established in this Agreement, and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on Lienzo or you for the provision or use of the Service. You will be responsible for such taxes and other fees. Tax exempt status will be granted to you upon presentation of a satisfactory certificate of exemption.

    Lienzo is not liable for any losses relating to chargebacks, fraudulent charges or other actions by you or your customers that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Service, you hereby release Lienzo from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify Lienzo of any Fraudulent Actions which may affect the Service. Lienzo reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or customer to engage in, Fraudulent Actions.

  4. Lienzo Privacy Policy

    Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Lienzo privacy policy.

  5. Member Account, Password and Security

    You will receive a password and account designation upon completing the Lienzo Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

    • Immediately notify Lienzo of any unauthorized use of your password or account or any other breach of security
    • Ensure that you exit from your account at the end of each session. Lienzo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  6. Member Conduct

    You understand that all information, data, text, avatars or any other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.| This means that you, and not Lienzo, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Lienzo Services. You agree to not use the Lienzo Services to:

    • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
    • Harm minors in any way
    • Impersonate any person or entity, including, but not limited to, a Lienzo official, 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 Lienzo Service
    • Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
    • Upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
    • Upload, post, transmit or otherwise make available any material 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
    • Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Lienzo Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
    • Interfere with or disrupt the Lienzo Services or servers or networks connected to the Lienzo Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Lienzo Services, including using any device, software or routine to bypass our robot exclusion headers
    • Intentionally or unintentionally violate any applicable local, state, national or international law

  7. Interstate Nature Of Communications On Lienzo Network

    When you register with Lienzo, you acknowledge that in using the Lienzo Services to send electronic communications (including but not limited to email, search queries, and other Internet activities), you will be causing communications to be sent through Lienzo's computer networks, As a result, and also as a result of Lienzo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

  8. Content Submitted Or Made Available For Inclusion On The Lienzo Services

    Lienzo does not claim ownership of Content you submit or make available for inclusion on the Lienzo Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Lienzo Services, you grant Lienzo the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    • With respect to Content you submit, create and make available for inclusion on publicly accessible areas of Lienzo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Lienzo Services solely for the purposes of providing and promoting the specific Lienzo Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Lienzo Services and will terminate at the time you remove or Lienzo removes such Content from the Lienzo Services
    • With respect to photos, graphics, audio or video you submit, create and make available for inclusion on publicly accessible areas of the Lienzo Services other than Lienzo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Lienzo Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Lienzo Services and will terminate at the time you remove or Lienzo removes such Content from the Lienzo Services
    • With respect to Content other than photos, graphics, audio or video you submit, create and make available for inclusion on publicly accessible areas of the Lienzo Services the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed

    "Publicly accessible" areas of the Lienzo Services are those areas of the Lienzo network of properties that are intended by Lienzo to be available to the general public. By way of example, publicly accessible areas of the Lienzo Services would include Lienzo Message Boards and portions of Lienzo Groups. However, publicly accessible areas of the Lienzo Services would not include Lienzo services intended for private communication such as team spaces, or areas off of the Lienzo network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Lienzo.

  9. Contributions To Lienzo

    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Lienzo through its suggestion or feedback webpages, you acknowledge and agree that:

    • Your Contributions do not contain confidential or proprietary information
    • Lienzo is not under any obligation of confidentiality, express or implied, with respect to the Contributions
    • Lienzo may have something similar to the Contributions already under consideration or in development

  10. Indemnity

    You agree to indemnify and hold Lienzo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Lienzo Services, your use of the Lienzo Services, your connection to the Lienzo Services, your violation of the TOS or your violation of any rights of another.

  11. General Practices Regarding Usage And Storage

    You acknowledge that Lienzo may establish general practices and limits concerning use of the Lienzo Services, without limitation the maximum number of days that models, email messages, message board postings or other uploaded Content will be retained by the Lienzo Services, the maximum disk space that will be allotted on Lienzo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Lienzo Services in a given period of time. You agree that Lienzo has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Lienzo Services. You further acknowledge that Lienzo reserves the right to modify these general practices and limits from time to time.

  12. Modifications To Lienzo Services

    Lienzo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Lienzo Services (or any part thereof) with notice. You agree that Lienzo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Lienzo Services (or any part thereof).

  13. Payment Terms

    • General Terms The current fee for the Service you have selected will automatically and immediately be charged to your payment instrument or account on the date that you click on the PayPal subscribe button in the registeration or on upgrading the plans. Fees charged for one Service may not be credited towards other services.
    • Payment for Subscription Payment occurs on a pre-pay basis and payment will be automatically renewed at the end of the term. The amount you are to pay will depend upon which term of subscription you choose. If you do not renew your subscription, your account will automatically revert to a free account and will be subject to the limitations of a free account.
  14. Termination

    Currently, user can't terminate his/her Lienzo account and access to the Lienzo Services by submitting such termination request to Lienzo. You agree that Lienzo may, without prior notice, immediately terminate, limit your access to or suspend your Lienzo account, any associated email address, and access to the Lienzo Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to:

    • Discontinuance or material modification to the Lienzo Services (or any part thereof)
    • Unexpected technical or security issues or problems
    • Extended periods of inactivity,
    • Nonpayment of any fees owed by you in connection with the Lienzo Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Lienzo's sole discretion and that Lienzo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Lienzo Services.

    Termination or downgrade of your Lienzo account or services includes any or all of the following:

    • Removal of access to all or part of the offerings within the Lienzo Services
    • Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
    • Barring of further use of all or part of the Lienzo Services.

  15. Dealings With Advertisers

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Lienzo Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lienzo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Lienzo Services.

  16. Links

    The Lienzo Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Lienzo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lienzo 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

  17. Proprietary Rights

    You acknowledge and agree that the Lienzo Services and any necessary software used in connection with the Lienzo Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Lienzo Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Lienzo or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Lienzo Services, such as Content or the Software, in whole or in part.

    Lienzo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Lienzo Services. You agree not to access the Lienzo Services by any means other than through the interface that is provided by Lienzo for use in accessing the Lienzo Services.

  18. Disclaimer Of Warranties

    You expressly understand and agree that:

    • Your use of the lienzo services and software are at your sole risk. the Lienzo services and Software are provided on an "AS IS" and "AS AVAILABLE" basis. Lienzo and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    • Lienzo and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
      • The Lienzo Services or Software will meet your requirements
      • The Lienzo Services or Software will be uninterrupted, timely, secure or error-free
      • The results that may be obtained from the use of the lienzo services or software will be accurate or reliable
      • The quality of any products, services, information or other material purchased or obtained by you through the Lienzo services or software will meet your expectations
      • Any errors/bugs in the software will be corrected
    • Any material downloaded or otherwise obtained through the use of the Lienzo services or Software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, Internet access, download or display device, or loss of data that results from the download of any such material
    • No advice or information, whether oral or written, obtained by you from Lienzo or through or from the lienzo services or software shall create any warranty not expressly stated in the TOS
    • A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Lienzo service. certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. if you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Lienzo Service. Immediately discontinue use of the Lienzo Services and consult your physician if you experience any of the following symptoms while using the Lienzo Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

  19. Limitation Of Liability

    You expressly understand and agree that lienzo and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, 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 Lienzo has been advised of the possibility of such damages), resulting from:

    • The use or the inability to use the Lienzo Service
    • The cost of procurement of substitute goods and services
    • Unauthorized access to or alteration of your transmissions or data
    • Statements or conduct of any third party on the Lienzo Service
    • Any other matter relating to the Lienzo Service

  20. Exclusions And Limitations

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 19 and 20 may not apply to you.

  21. Notice

    Lienzo may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the Lienzo Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Lienzo Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Lienzo Services in an authorized manner.

  22. Trademark Information

    You agree that all of Lienzo’s trademarks, trade names, service marks and other Lienzo logos and brand features, and product and service names are trademarks and the property of Lienzo Inc. (the "Lienzo Marks"). Without Lienzo's prior permission, you agree not to display or use in any manner the Lienzo Marks.

  23. Violations

    Please report any violations of the TOS to contact@lienzo.biz.

Last updated on November 12, 2012 Lienzo (www.lienzo.biz)