Terms and Conditions agreement
Legal contract between you and Downtown Software. Discover our terms and conditions agreement.
Terms of Service for Downtown Software (Updated 26th December 2019)
If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at [email protected].
Luxu Wings LLC ('us', 'we' or 'our') is operating the website https://app.downtownsoft.com (the 'service').
This page will explain and inform you about the policies regarding the collection, use, migration and disclosure of personal information when you are using the service Downtown Software.
The service is called Downtown Software or app.downtownsoft.com in this Term of Use, for the same designation between both names. By using the app.downtownsoft.com web site (“Service”), and any of its services and tools, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
Downtown Software is a registered trademark, the use of the name and logos require our consent, except for any blog / press coverage, shares of the website and recommendations.
We reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://app.downtownsoft.com/tos
Violation of any of the terms below will result in the termination of your Account. While Downtown Software prohibits such conduct and Content on the Service, you understand and agree that Downtown Software cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.Please note that Facebook, Twitter, Pinterest and Instagram are registered trademarks.
You must be 18 years or older to use this Service and also must be a human. Accounts registered by “bots” or other automated methods are not permitted, except with ones provided by app.downtownsoft.com.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Breaking the term of service by creating multiple accounts will result in a fine of $1,000 directly charged to the credit card linked to the account. Multi-accounts is strictly not allowed on Downtown Software.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that Downtown Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, app.downtownsoft.com., or any other app.downtownsoft.com service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any app.downtownsoft.com customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You expressly understand and agree that app.downtownsoft.com shall not be liable 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 app.downtownsoft.com has been advised of the possibility of such damages), resulting from: the use or the inability to use the service; 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 service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service;or any other matter relating to the service.
The failure of app.downtownsoft.com. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and app.downtownsoft.com and govern your use of the Service, superceding any prior agreements between you and app.downtownsoft.com (including, but not limited to, any prior versions of the Terms of Service).
License to use website
Unless otherwise stated, https: //app.downtownsoft.com and/or its licensors own the intellectual property rights published on this website and materials used on https://app.downtownsoft.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website in neither print nor digital media or documents (including republication on another website).
- sell, rent or sub-license material from the website.
- show any material from the website in public.
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
- edit or otherwise modify any material on the website.
- redistribute material from this website - except for content specifically and expressly made available for redistribution.
- republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Prices, plans and offers
app.downtownsoft.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services and tools, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the Downtown Software Site (app.downtownsoft.com) or the Service itself.
Regarding affiliates sales we do not accept multi-accounts that create links between ips and that are sharing revenue between accounts. Affiliate revenue are only allowed from different ips and different accounts that are not linked together. Making sales with the same ips on the same location is forbidden. Downtown Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of https://app.downtownsoft.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Except with the tools app.downtownsoft.com provides, you must not conduct any systematic or automated data collection activities on or in relation to this website without https: //app.downtownsoft.com express written consent.
- data mining
- data extraction
- data harvesting
- 'framing' (iframes)
- Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. https://app.downtownsoft.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. https://app.downtownsoft.com may change or modify this policy without notice.
If https://app.downtownsoft.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
https://app.downtownsoft.com may disable your user ID and password at https://app.downtownsoft.com on our sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to https://app.downtownsoft.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to https://app.downtownsoft.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party legal rights and API, and must not be capable of giving rise to legal action whether against you or https://app.downtownsoft.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.https://app.downtownsoft.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of https://app.downtownsoft.com, or hosted or published upon this website.
https://app.downtownsoft.com rights under these terms and conditions in relation to user content, https://app.downtownsoft.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. https://app.downtownsoft.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, https://app.downtownsoft.com does not warrant that:
- this website will be constantly available, or available at all.
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
https://app.downtownsoft.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website
- to the extent that the website is provided free-of-charge, for any direct loss
- for any indirect, special or consequential loss
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if https://app.downtownsoft.com has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit;and nothing in this website disclaimer will exclude or limit the liability of Downtown Software in respect of any:
- death or personal injury caused by the negligence of https://app.downtownsoft.com or its agents, employees or shareholders/owners.
- fraud or fraudulent misrepresentation on the part of https://app.downtownsoft.com.
- matter which it would be illegal or unlawful for https://app.downtownsoft.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, https://app.downtownsoft.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against https://app.downtownsoft.com officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect https://app.downtownsoft.com officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as https://app.downtownsoft.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify https://app.downtownsoft.com and undertake to keep https://app.downtownsoft.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by https://app.downtownsoft.com to a third party in settlement of a claim or dispute on the advice of https://app.downtownsoft.com legal advisers) incurred or suffered by https://app.downtownsoft.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to https://app.downtownsoft.com other rights under these terms and conditions, if you breach these terms and conditions in any way, https://app.downtownsoft.com may take such action as https://app.downtownsoft.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you
https://app.downtownsoft.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
https://app.downtownsoft.com may transfer, sub-contract or otherwise deal with https://app.downtownsoft.com rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of California (CA, USA) and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California (CA, USA). https://app.downtownsoft.com is registered with Downtown Software. You can find the online version of the registration at https://app.downtownsoft.com.
Payment, subscription, upgrading, downgrading and cancellation Terms
When you register, deposit and subscription can't be refunded. A valid credit card is required for paying accounts.
app.downtownsoft.com service is billed in advance on a monthly basis (thirty days) and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You can cancel at any time your subscription on the website. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, you have to previously contact us by mail.
Any plans, offers and price can be modified or cancelled at any time without notice or explanation.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We do not accept any liability for such loss.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
app.downtownsoft.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other app.downtownsoft.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. app.downtownsoft.com reserves the right to refuse service to anyone for any reason at any time.
Trial Period and Subscription
When you sign up for Downtown Software you begin a 7-day trial period. No amount will be charged during your trial period. As soon as your trial period ends your subscription will automatically start at the end of the 7 days and you will be billed automatically to start your paid subscription. The payment rules, subscription, upgrade, downgrade and cancellation rules then apply to your trial period. When you register, the deposit and subscription can not be refunded after the end of your trial period. A valid credit card is required for pay accounts. The service offered by app.downtownsoft.com is billed in advance on a monthly basis (thirty days) and is non-refundable at the end of your trial period. There will be no refund or credit for partial use of the service, upgrade or downgrade, or for unused months with an open account that has started its subscription, as well as at the end of the trial period. In order to treat everyone equally, no exception will be made.