Please read these Terms of Use before using www.mistersofteeondemand.com and other feature websites (collectively referred to as the “Site” or “Web Site”), as they govern your use of the site and these other websites. “Mister Softee On-Demand," “we,” and “us” refer to Mister Softee On-Demand Inc., which provides this Site and the Privacy Policy. We reserve the right to amend these Terms at any time by posting them on the site. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. It is illegal to use the site if you don’t accept these Terms of Use.
Patents and other intellectual property rights. In the case of a dispute between you and Mister Softee On-Demand regarding the Site, Mister Softee On-Demand owns all of the rights, title, and interest in and to it and all of the content (including but not limited to audio and visual content such as photographs, illustrations, graphic images, and video), code and data thereon, as well as the overall design and organization of the site, including but not limited to any copyrights or trademark rights. Any code, data, or other items you may access on the site do not become your property just because you use the site.
Restricted Right of Use. If you have a computer or other Internet-enabled device, you can access and see the content on the site, and you can print out single copies or copies of the content for your own internal use. The site and its services, as well as any content and materials on the site, are for your personal, non-commercial use only.
Types of Usage that is Prohibited. It is expressly forbidden to use the site for commercial purposes without the express written authorization of Mister Softee On-Demand or the rights holder of any content, code, data, or materials that appear on the site. To the extent that you are permitted to use the site’s content in any way other than for your own personal use, you agree not to copy and distribute any of it. Unless otherwise stated, you may break copyright and other laws of the United States and other countries as well as applicable state laws if you use the site or any of its content or code, data, or materials in any way other than as expressly permitted herein. Mister Softee On-Demand intends to vigorously enforce its intellectual property rights, including criminal prosecution, to the maximum extent of the law.
Trademarks are a form of intellectual property. It is illegal to use any of the Trademarks displayed on the Web Site or on any content available through the Web Site unless you have permission from the trademark owner, which is Mister Softee On-Demand, and others. It is the responsibility of the respective owners of any Trademarks not owned by us that are displayed on or through the Web Site or its services to remove them. This site and its contents do not grant any license or right to use any Trademark featured on the site without our explicit permission or the written consent of the third party rights holder, in each case, in any way. It is against the law for you to misappropriate the Trademarks displayed on the site. Mister Softee On-Demand will vigorously enforce its Trademark rights, including criminal prosecution, to the maximum extent of the law.
Information about the user. You may be prompted to furnish us with certain personal information (referred to hereafter as “User Information”) during your usage of the site. The Site’s Privacy Policy, which is incorporated herein by reference for all purposes, sets forth our information gathering and use policies with respect to the privacy of such User Information. You understand and agree that the accuracy and content of User Information are exclusively your responsibility and that you will keep it current.
Submitting the material. Without your permission, we will not accept any personal or proprietary information from you unless specifically asked via the Sites, e-mail, or other means. It is understood that any information, creative work, demo, or other materials given to us (“Submitted Materials”) are not confidential or secret and may be used by us in any way consistent with these Terms of Use and the Site’s Privacy Policy in any way we deem appropriate or permissible. You represent and warrant that (A) the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived; (B) that the Submitted Material and its use, do not and will not violate the law; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide license to use the Submitted Material. If you provide us with any Submitted Material, you agree that we are not obligated to keep it and that we may delete or otherwise dispose of it at our discretion.
User Conduct That Is Prohibited. As a condition of your use of the Web Site, you agree not to: (a) pretend to be someone you are not; (b) insert advertisements, brand names, or other promotional content into any of the Web Site’s materials or services (such as without limitation an RSS feed or a pod) in any way that could be construed as an impersonation of another person or entity. You cannot sell any of the content provided on this website.
Blogs and public forums. A variety of messaging, chat, bulletin board, and forum services may be made accessible on or through the Mister Softee On-Demand website at any moment. To the extent permitted by applicable law, you agree not to upload, post, transmit, distribute or otherwise publish any materials on or through the Web Site that I restrict or inhibit other users from using and enjoying the Web Site, or (ii) are fraudulent; unlawful; threatening; abusive; harassing; libelous; defamatory or otherwise objectionable. As part of this agreement, you undertake not to impersonate anyone from the Web Site or from Mister Softee On-Demand in any way whatsoever. Any actions you take are solely yours, and you bear full responsibility for the content and outcomes of your actions.
Monitoring and Editorial Control are included in this right. In the event that Mister Softee On-Demand chooses to monitor and/or review materials submitted by users to the website or via the website’s services or features, it does so at its own discretion and is not obligated to do so. Mister Softee On-Demand is not responsible for any such materials posted by users to the website. These Terms of Use do not, however, preclude Mister Softee On-Demand from disclosing any information as required by any applicable law or regulation; nor does it preclude Mister Softee On-Demand from removing any information or materials it considers to be offensive or in conflict with these Terms of Use. Additionally, if we feel you are in violation of the standards set out in this paragraph, our terms and conditions or applicable legislation, or for any other reason, we may impose limits on some aspects of the forums or restrict your access to part or all of the forums without notice or penalty.
Using Public Forums and Blogs to Disclose Private or Sensitive Information. If you post a comment on a public forum or blog, keep in mind that it will likely be accessible for a long time and that you have no control over who sees it or how long it will be available. That’s why being careful and judicious about the personal information you provide about yourself and others, and in particular, not sharing confidential or proprietary information in your comments on our public forums, is so important.
Indemnification. It is your responsibility to ensure that Mister Softee On-Demand is protected from any claims or liabilities resulting from your use of the site or from the placement or transmission of any messages or other materials through the site, or from your breach or violation of the law or of these Terms of Use. You agree to indemnify and hold Mister Softee On-Demand harmless from any and all such costs and expenses, including reasonable attorney's fees. Your indemnification obligations will not be affected if Mister Softee On-Demand assumes the exclusive defense and control of any matter otherwise subject to your indemnity.
Third Party. Various Third-Party Web Sites A “Linked Site” is a website that has links to other websites, and a “Linked Site” is a website that has links to other websites. The information, content, products, services, advertising, code, or other materials offered by or through Linked Sites, even if they are owned or maintained by our affiliates, are not under our control, and we accept no responsibility for them. In no way do we support or sponsor the information, content, products, services, advertising, code, or other materials on or through the linked sites that are provided by the organizations that provide the links. As a further point of clarification, Mister Softee On-Demand is not responsible for any webcasts or other transmissions received from linked websites. A third-party website’s content is used at your own risk, and you are fully responsible for any and all repercussions. We encourage you to review the terms and conditions of any third-party websites that are linked to this site before you use them.
Notification of Infringement. As a result, we expect everyone who visits the site to show courtesy and consideration for the intellectual property rights of others. You can contact Mister Softee On-Demand’s representative if you suspect that your work has been copied in a way that violates your copyright.
Please include the following information: “Your name, address, and phone number;” Definition of the copyrighted work that you believe has been infringed; Infringing material, if possible, with a link; “A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; “An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and “A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that is the owner of the copyright interest.
Please send reports of claimed infringement to:
sales@conesapp.com
There are no warranties. All services, content, functions, and materials are provided “AS IS," “AS AVAILABLE,” without any warranty of any kind, either express or implied, including, but not limited to, any warranty for information, data, data processing services, uninterrupted access, and any warranties regarding the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchandising, or fitness for a particular purpose, and any warranties of title, non-infringement, merchandising, or fitness for a particular purpose. This site does not guarantee that the site or its services or content will be uninterrupted or error-free, nor does it guarantee that any defects will be fixed. IN NO EVENT WILL WE BE LIABLE IF THE SITE DOES NOT MEET THE NEEDS OF ITS USERS. You acknowledge that no advice, information, or other material obtained by you from us or through the site, whether oral or written, will create any warranty unless expressly stated in this document. DISCLAIMER OF ORAL AND WRITTEN ADVICE. Aside from that, Mister Softee On-Demand assumes no responsibility and will not be liable for any damage or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing the site or your downloading of any materials, data, text, images, video, or audio from the site, or your use of or reliance on any such materials, data, text or images found on the site. Dissatisfied customers have only one option: stop using the site.
To the best of our ability, we make every effort to keep the data posted here accurate and up to date. At any time and without notice, we reserve the right to make changes or corrections to the information on this site. It is impossible for us to guarantee the accuracy, precision, thoroughness, and/or completeness of any information that is available on the site, nor will we be held liable for any inaccuracies or omissions in the information.
Limited liability. ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY CONTENT, MATERIALS, OR SERVICES ADVERTISED ON IT, OR ANY DIRECTOR, OFFICER, OR DIRECTOR OF THE MISTER SOFTEE ON-DEMAND FAMILY OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY THE “PROTECTED ENTITIES”) WILL BE LIABLE FOR ANY CERTAIN USERS MAY NOT BE EXEMPT FROM THE ABOVE LIMITATIONS BECAUSE THEY DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. In no event will the protected entities be held responsible or liable for any content posted, sent, exchanged, or received by or on behalf of any user or other person on or via the site or through any other means of transmission thereof or through the site. Amounts paid to MISTER SOFTEE ON-DEMAND by you for the use of the site or purchase via the site cannot exceed the total aggregate liability of the Protected Entities for all damages, losses, and claims (including, but not limited to, NEGLIGENCE) that arise from the Terms and Conditions or your use of the site.
Age. It is required that users be at least 18 years of age, or an emancipated minor who has the legal authority to enter into these Terms of Use, or have parental or guardian consent and be fully capable and competent to do so; or have legal parental or guardian consent. You hereby represent and warrant that you are at least 18 years of age and a legal resident of the United States. In any instance, you represent and warrant that you are at least 13 years old, as this website is not designed for children under the age of thirteen. Anyone under the age of 13 will have the privilege to engage in this site revoked immediately and without Notice by Mister Softee On-Demand.
Applicable laws. In the United States of America, we manage and run the website from our headquarters. Please note that we make no claims or guarantees about the suitability or availability of any of the materials on this site for use in other parts of the world. You are solely responsible for complying with local laws if and to the extent local laws apply when you access the site from outside of the United States. A trial by jury is expressly waived by all parties to this agreement.
Termination. The site and its services may be terminated, changed, suspended, or discontinued at any time by Mister Softee On-Demand. We reserve the right to revoke, without prior warning or liability, your right to use the site and/or its services if we have cause to think that you have violated our terms and conditions or applicable legislation. It is the policy of Mister Softee On-Demand to remove repeat infringers of intellectual property rights from access to the Mister Softee On-Demand website when appropriate.
Modifications to the Terms of Service. Mister Softee On-Demand maintains the right to make changes, modifications, additions, or deletions to this Terms of Use at any time. When the Terms of Use are updated, they take effect immediately. Any modifications to these Terms of Use will be considered accepted if you continue to use the site and/or the services provided on or through the site after they are posted.
Miscellaneous. Without respect to any conflict of law considerations, the Terms of Use and your relationship with us shall be governed by New York law. You agree that any claim arising out of or related to your use of this site or the Terms of Service will be brought and heard in the State of New York, County of New York, in the proper court. You hereby agree to submit to the jurisdiction of the courts in New York County, New York, in the event of any dispute. If we fail to exercise or enforce any provision of the Terms of Use, this does not constitute a waiver of such provision. It is understood and agreed that the terms and conditions contained in this document shall survive any termination of this agreement by either the parties or by a court of competent jurisdiction, but that the terms and conditions contained herein shall remain in full force and effect.
Contact Us
Cones App
249 Smith Street #4004
Brooklyn, NY 11231
sales@conesapp.com
Call / Text 917-818-4380