Online Launch Maven Terms & Conditions
Last Updated: September 12, 2024
These Terms & Conditions ("Terms") govern your access and use of our website (https://onlinelaunchmaven.com, the "Website") and all services offered by Online Launch Maven, including online marketing services, consulting/coaching, online courses/programs, 1:1 services, and DFY/DWY services (collectively, the "Services").
Please read these Terms carefully before using the Website or Services.
By accessing or using the Website or Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website or use the Services.
1. Definitions
"Content" refers to any information, data, text, software, music,sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, that you upload, download, display, email, transmit, or otherwise make available on or through the Website or Services.
"User Content" refers to any Content that you create and own, and that you post, upload, or otherwise make available on or through the Website or Services.
"Online Launch Maven Content" refers to any Content that we create and own, including but not limited to text, graphics, logos, images, software, audio, video, and other material available on or through the Website or Services.
"Third-Party Content" refers to any Content that is made available on or through the Website or Services by third parties, including other users, and is the sole responsibility of such third parties.
2. Accessing the Website and Services
2.1 You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Website and Services, and for all charges related thereto.
2.2 We reserve the right to refuse access to the Website or Services to anyone for any reason at any time.
2.3 We may update the content on the Website and/or modify the Services from time to time, but content may not always be complete or up-to-date. We are under no obligation to update any content on the Website or Services.
3. User Accounts
3.1 You may be required to create an account to access some features of the Website or Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
3.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account and your access to the Website or Services if you provide any information that is inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is inaccurate, not current, or incomplete.
3.3 You agree not to use the account, username, or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
4. User Content
4.1 You retain all of your ownership rights in and to your User Content. By posting or otherwise making available any User Content on or through the Website or Services, you hereby grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from such User Content, in any and all media or distribution methods (now known or later developed).
4.2 You are solely responsible for your User Content and the consequences of posting or otherwise making it available on or through the Website or Services. You represent and warrant that you own all rights in and to your User Content or that you have all necessary rights and permissions to grant us the license to your User Content as set forth above.
4.3 You agree not to post, upload, or otherwise make available any User 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; you do not have a right to make available under any law or under contractual or fiduciary relationships; infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; 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; is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or impersonates any person or entity, including, but not limited to, an Online Launch Maven employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
4.4 We reserve the right to remove any User Content from the Website or Services, at any time and for any reason, without notice.
5. Prohibited Conduct
5.1 You agree not to: use the Website or Services for any illegal purpose or in violation of any local, national, or international law or regulation; use the Website or Services to transmit any worms or viruses or any code of a destructive nature; use the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity; use the Website or Services to collect or store personal information about other users; use the Website or Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or Services; attempt to gain unauthorized access to the Website or Services, other accounts, computer systems, or networks connected to the Website or Services, through password mining or any other means; "stalk" or otherwise harass another; or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this Section 5.
6. Intellectual Property Rights
6.1 The Website and Services and their entire contents, features, and functionality (including but not limited to all information, software, text, images, video, audio, and design, the selection and arrangement thereof), are owned by Online Launch Maven, its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 These Terms permit you to use the Website and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, except as follows: You may store files that are automatically cached by your Web browser for display enhancement purposes only. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
6.3 You must not: Modify copies of any materials from the Website or Services. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or Services.
6.4 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms, your right to use the Website and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.5 No right, title, or interest in or to the Website or Services or any content on the Website or Services is transferred to you, and all rights not expressly granted are reserved by Online Launch Maven.
6.6 You may not use any of Online Launch Maven's trademarks, logos, or other proprietary graphics as part of the link without express written permission.
7. Disclaimer of Warranties
7.1 THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2 WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ONLINE LAUNCH MAVEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 7.3 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 8. Limitation of Liability 8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONLINE LAUNCH MAVEN, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 8.2 THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ONLINE LAUNCH MAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 8.3 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 9. Indemnification You agree to indemnify, defend, and hold harmless Online Launch Maven, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and judgments arising out of or relating to: (i) your use of the Website or Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim or demand that your User Content caused damage to a third party. 10. Termination 10.1 We may terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately. 10.2 You may terminate these Terms at any time by ceasing to use the Website and Services. 10.3 Upon termination of these Terms, your right to use the Website and Services will immediately cease. 10.4 The following provisions of these Terms shall survive termination: Sections 4, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, and 18. 11. Governing Law These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any choice or conflict of law provision or rule. 12. Dispute Resolution Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act, 1965 (Act No. 42 of 1965) of South Africa. The arbitration shall be held in Cape Town, South Africa, and conducted in English. 13. Entire Agreement These Terms constitute the entire agreement between you and Online Launch Maven relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between you and Online Launch Maven relating to such subject matter. 14. Severability If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 15. Waiver No waiver of any term or provision of these Terms shall be effective unless in writing and signed by Online Launch Maven. 16. Notices All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: If to Online Launch Maven: Online Launch Maven 15 Vygie Ave Still Bay, 6674 South Africa Email: [email protected] If to you: To the email address you provided to us. 17. Relationship of the Parties Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Online Launch Maven. Neither party has any right or authority to assume or create any obligations or to make any representations or warranties on behalf of the other party. 18. Contact Us If you have any questions about these Terms, please contact us at: Email: [email protected] 19. Effective Date These Terms are effective as of September 12, 2024.