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Hi, I’m Jane, I’m here to help you do business on HostJane.
So I can provide you the best support, choose a topic:
I also have information about your privacy if required.
We make it easy to hire people online. Get a money-back guarantee, awesome workspace, clear terms in plain English, upfront bills with itemized PDF receipts.
All purchases (except Tips) are subject to a non-refundable Handling Fee of $3.49. This pays for platform overheads including admin, hosting, marketing, data costs and 24×7×365 support.
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Mertie
Seen: 3 hrs ago
I am a solo digital marketing consultant. I generate new income for small brands by increasing your conversion and sales rates on main landing pages and driving your meta (Facebook) and instagram marketing approaches.
WHAT YOU WILL GET
IMPORTANT
For the most organic results, your FB/INSTA account must be at least 4 months old with more than 60 (well written) posts. Don't order if this is not describing your account's credit because it matters to the value of followers I can achieve.
English
Native or bilingual proficiency
Off-Page SEO
On-Page SEO
Schema Markup
SEO Best Practices
Technical SEO
Title Optimization
Visualize Results
I am a solo digital marketing consultant. I generate new income for small brands by increasing your conversion and sales rates on main landing pages and driving your meta (Facebook) and instagram marketing approaches.
WHAT YOU WILL GET
IMPORTANT
For the most organic results, your FB/INSTA account must be at least 4 months old with more than 60 (well written) posts. Don't order if this is not describing your account's credit because it matters to the value of followers I can achieve.
English
Native or bilingual proficiency
Off-Page SEO
On-Page SEO
Schema Markup
SEO Best Practices
Technical SEO
Title Optimization
Visualize Results
A better workspace
Watch Mertie complete your job in a board with lists, cards, and chat.
Always know what is being done and when, with email notifications.
Inside your orderADVERTISEMENT
$38.00/hr
Their top skill is Social Media Marketing (SMM)
Browse SkillsMertie tells us they have open spaces for more work.
We accept verified cards and PayPal
Approve the work
HostJane’s boards, lists, and cards mean you always know the score
Release funds to Mert on delivery
Leave feedback
Secure checkout
Social media manager in Los Angeles
By MertieMertie will send you their Zoom Meeting ID
Provide the job details for Mertie.
Even if you already gave Mertie the details in your chat, please provide a summary of the job details below. You can upload any important files to ensure Mertie is clear.
HostJane rule
Please check your content is in line with the HostJane AUP.
Your order and review will go by the name of your job title, so be sure to describe accurately the job you are giving Mertie.
HostJane rule
Please check your content is in line with the HostJane AUP.
What is the task?
What are your goals?
What outcome will make you happy?
Work must be delivered by Apr 05, 2025 01:04 or you get an automatic refund. You are also eligible for a refund if Work or performance is unsatisfactory. Learn more.
Make sure Mertie understands what to do. Even if you agreed with Mertie the details in your chat, make sure you have included the main job requirements above and uploaded any important files to ensure Mertie is clear.
By selecting button below, I agree to the Terms of Use and Privacy Policy . I also agree to pay the total amount shown, which includes Services Fees.
Demonstration purposes only. Not valid until seller accepts order.
This Nondisclosure Agreement (the Agreement) is entered into by and between Buyer (Disclosing Party)
and Mertie (Receiving Party) for the purpose of preventing the unauthorized disclosure of Confidential
Information as defined below. The parties agree to enter into a confidential relationship with respect to the
disclosure of certain proprietary and confidential information (Confidential Information).
1. Definition of Confidential Information
For purposes of this Agreement, Confidential Information shall
include all information or material that has or could have commercial value or other utility in the business in
which Disclosing Party is engaged. All materials transmitted through HostJane, in any format, including
through orders, chats, boards, lists, cards or storage methods related to HostJane.com by Buyer (Disclosing Party)
to Mertie (Receiving Party) shall be deemed to qualify as Confidential Information under the terms of this agreement.
2. Exclusions from Confidential Information.
Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
3. Obligations of Receiving Party.
Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without the prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.
4. Time Periods.
The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships.
Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
6. Severability.
If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to effect the intent of the parties.
7. Integration.
This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
8. Waiver.
The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
This Agreement and each party's obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative.
DISCLOSING PARTY
Signature Buyer
Date: Apr 02, 2025 03:04:41
RECEIVING PARTY
Signature Mertie
Date: Apr 02, 2025 03:04:41
A non-disclosure agreement (NDA) is a legally-binding contract that establishes a confidential relationship between Buyers and Sellers.
This is why NDA agreements will protect your IP.
Harvard Law graduate, Brett Cenkus—a Texas & Delaware Board Licensed attorney from CenkusLaw.com—explains the benefits of using a Confidentiality agreement to protect your information.
Intellectual property is a big deal. Who will own the Final Work? Choose a licensing package that covers how you will use work done here.
| FEATURE | Buyer Owns Rights (BOR) | PERSONAL | LIMITED | UNLIMITED |
|---|---|---|---|---|
| Licensee | Legal Individual or Company | Natural Individual | Legal Individual or Company | Legal Individual or Company |
| Owner of IP & Rights | Buyer | Mertie | Mertie | Buyer |
| Commercial Use | Yes | Not permitted | Yes | Yes |
| Number of End Users | Unlimited | Up to 1,000 lifetime users | Up to 250,000 lifetime users | Unlimited lifetime users |
| Use in Digital End Products or Services for Sale | Unlimited use | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Use in Physical End Products or Services for Sale | Unlimited use | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Use in Software for Sale | Unlimited use | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Internet Streaming | Unlimited use | Non-Commercial Streaming Only | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Broadcast Use | Unlimited use | Not permitted | Up to 250,000 lifetime viewers | Unlimited lifetime viewers |
| Social Media Use | Unlimited use | 1 personal account | 1 commercial account | Unlimited commercial accounts |
| On-Demand Products/Services | Unlimited use | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Use in Mobile, Desktop or App Products/Services | Unlimited use | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Use in Stock Items/Templates for Sale | Unlimited use | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Unlimited use |
| Use in Trademarks, Trade-Names, Service or Design Marks | Unlimited use | Not permitted | Up to 250,000 lifetime viewers | Unlimited use |
| Physical Ads | Unlimited use | Not permitted | 1 ad; Up to 250,000 lifetime viewers | Unlimited ads for local, national, and global markets |
| Digital Ads | Unlimited use | Not permitted | 1 ad; Up to 250,000 lifetime viewers | Unlimited use |
| Making Public or Sharing of End Product with Third-Parties | Permitted | Not permitted | 1 title or 1 service; used, downloaded, or sold up to 250,000 times | Permitted |
| Seller Credit Required | Not required | Required | Required | Not required |
Demonstration purposes only. Not valid until seller accepts order.
Mertie is releasing all intellectual property rights, title, and interest in the delivered Final Work to Buyer when Mertie accepts money for the Service.
Buyer does not pay an extra fee for commercial use.
This license is HostJane's default under 2.15.1 of our Marketplace Terms
If Mertie has not selected a paid license arrangement when they sell a Listing, Buyer can assume they own the output of whatever Final Work Mertie has produced.
1. Definitions
"End Product" means the Final Work that Mertie delivers to Buyer as a result of Buyer purchasing Mertie's Service offered in the Listing.
"End User" means the natural human person who actually uses Mertie's deliverable, Final Work paid for by Buyer.
“Non-Commercial Use” is use for solely personal purposes by a natural person (a real human being not a legal entity)—includes uses in artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold.
“Commercial Use” is use in any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. This includes any use by a business or company for private or commercial applications.
2. Parties to Agreement
This Buyer Owns Rights License is between Mertie "Licensor" and Buyer "Licensee" for commercial and non-commercial use of the End Product
HostJane acts as an independent, arbitrating party to this licensing agreement.
3. Allowed Uses - Unlimited Commercial Use
Buyer can only use Mertie's Final Work for lawful purposes only—in other words, for stuff that doesn't break the law.
Buyer is granted an unlimited, non-exclusive, transferable, and sublicensable worldwide license, to use Mertie's End Product for the following Commercial or Non-Commercial purposes with unlimited End Users:
4. Prohibited Uses
Buyer can't use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects;Buyer does not have the necessary rights to use or reproduce, or in content Buyer knows is inaccurate;5. Ownership & Copyright
5.1 Under this Buyer Owns Rights License, Buyer is granted all intellectual property rights, title, or interest in the delivered Final Work.
Review what is and what is not protected by copyright.
5.2 Buyer commercial or non-commercial use of Mertie's End Product must comply and align with the permitted Commercial or Non-Commercial Uses in Sections 3 and 4 of this agreement.
5.3 If Mertie's End Product contains a component sourced by Mertie from elsewhere and different license terms apply to the component (such as third-party license, GNU General Public Licence (GPL) or another open source license or Creative Commons (CC) license), the component must be identified by Mertie in the Listing, prior to purchase by Buyer.
Split Licensing The other license will apply to that component instead of this license. This license will apply to the rest of the End Product.
6. Crediting Mertie
Unless otherwise agreed with Buyer is not required to credit Mertie.
7. Termination by Mertie
7.1 Mertie or HostJane may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement.
7.2 In the event of termination, Licensee must immediately at her or his own expense:
Mertie or HostJane in writing that Licensee has complied with these requirements.8. Content Withdrawal by Mertie
After Buyer has accepted Final Work and submitted Feedback, Mertie may not discontinue licensing the End Product.
9. Audit by Mertie
After Buyer has accepted Final Work and submitted Feedback, Mertie may not audit use of the End Product.
10. Choice of Law and Forum
10.1 All matters relating to End Product and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
10.2 Any legal suit, action or proceeding arising out of, or related to, the End Product or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming although Mertie and HostJane retains the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country.
10.3 Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
11. Arbitration and Time Limits
11.1 At HostJane's sole discretion, except to the extent prohibited by law, HostJane may require either party to submit any disputes arising from the use of the End Product and this license agreement, including, without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association applying Wyoming law.
11.2 To the maximum extent permitted by law, any cause of action or claim Mertie or Buyer may have arising out of or relating to the End Product or this license agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
12. Waiver and Severability
12.1 No waiver of by HostJane of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mertie or HostJane to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
12.2 If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.
13. Disclaimer of Warranties
LICENSEE’S USE OF THE END PRODUCT IS AT LICENSEE’S OWN RISK. THE END PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOSTJANE AND Mertie HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE, OR INABILITY TO USE, THE END PRODUCT, INCLUDING ANY 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), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE USE, OR INABILITY TO USE, THE END PRODUCT, EXCEED THE FEES THAT LICENSEE PAID FOR THE END PRODUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
Licensee agrees to defend, indemnify and hold harmless HostJane, its affiliates, licensors (including, without limitation, Mertie) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the End Product in violation of law, rules or regulations, or (iii) use of the End Product violation of third party rights where such violation is due to the modification of the End Product.
16. Entire Agreement
16.1 This License Agreement (together with the HostJane General Terms of Service) constitutes the sole and entire agreement between Buyer "Licensee" and Mertie "Licensor" with respect to the End Product and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the End Product.
16.2 This License Agreement supersedes any conflicting terms set forth in the Terms of Service with respect to the End Product.
17. Interpretation
Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against HostJane.
18. Modification
18.1 HostJane may modify this License Agreement by posting an updated version on the HostJane website, at any time, without notice.
18.2 The then current version of the License Agreement posted at the time of purchase shall apply to contemporaneous purchases (even if the End Product is used after the License Agreement is updated).
18.3 Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees in writing or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) HostJane notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
19. Notices
Notices required to be sent—
Between Buyer and Mertie
Should be sent via Users' accounts on HostJane.com.
Between Licensee or Licensor and HostJane
Notices to HostJane should be sent via HostJane Support
HostJane shall send notices by email to the address provided by Licensee and Licensor during account creation or purchase.
Demonstration purposes only. Not valid until seller accepts order.
Mertie retains all intellectual property rights, title, and interest in the delivered Final Work to Buyer when Mertie accepts money for the Service.
1. Definitions
"End Product" means the Final Work that Mertie delivers to Buyer as a result of Buyer purchasing Mertie's Service offered in the Listing.
"End User" means the natural human person who actually uses Mertie's deliverable, Final Work paid for by Buyer.
"Non-Commercial Use" is use for solely personal purposes by a natural person (a real human being not a legal entity)—includes uses in artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold.
"Commercial Use" is use in any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. This includes any use by a business or company for private or commercial applications.
2. Parties to Agreement
This Personal License is between Mertie "Licensor" and Buyer "Licensee" for non-commercial use of the End Product
HostJane acts as an independent, arbitrating party to this licensing agreement.
3. Allowed Uses - Non-Commercial Only
Buyer can only use Mertie's Final Work for lawful purposes only — in other words, for stuff that doesn't break the law.
Buyer is granted a limited, non-exclusive, non-transferable, and non-sublicensable license, to use Mertie's End Product for the following Non-Commercial purposes with up to 1,000 End Users:
4. Prohibited Uses
Mertie's End Product (including, without limitation, physical or digital products and services, resale, sub-licensing, or digital/print publications) is not allowed.Buyer can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects;Buyer's own copyright work;Buyer does not have the necessary rights to use or reproduce, or in content Buyer knows is inaccurate;5. Ownership & Copyright
5.1 Under this Personal License, Buyer is not granted any intellectual property rights, title, or interest in the delivered Final Work, which are retained by Mertie.
5.2 Mertie's End Product is protected by United States and international copyright and other laws and treaties.
Review what is and what is not protected by copyright.
5.3 Buyer non-commercial use of Mertie's End Product must comply and align with the permitted Non-Commercial Uses in Sections 3 and 4 of this agreement.
5.4 If Mertie's End Product contains a component sourced by Mertie from elsewhere and different license terms apply to the component (such as third-party license, GNU General Public Licence (GPL) or another open source license or Creative Commons (CC) license), the component must be identified by Mertie in the Listing, prior to purchase by Buyer.
Split Licensing
The other license will apply to that component instead of this license. This license will apply to the rest of the Item.
6. Crediting Mertie
Unless otherwise agreed with Mertie, all use requires a legible credit in the form: "[End Product] © [Mertie]” in close proximity to where the End Product is used.
Fair Use and Use in Buyer Work
Any use of Mertie's original End Product, in a separate Buyer Work or for Fair Use purposes, must be disclaimed in any copyright registration.
7. Termination by Mertie
7.1 Mertie or HostJane may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement.
7.2 In the event of termination, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Mertie or HostJane in writing that Licensee has complied with these requirements.
8. Content Withdrawal by Mertie
8.1 Mertie may discontinue licensing the End Product at any time in her or his sole discretion.
8.2 Upon notice from Mertie, or upon Licensee’s knowledge that End Product may be subject to a claim of infringement of a third party’s right, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Mertie or HostJane in writing that Licensee has complied with these requirements.
9. Audit by Mertie
9.1 Upon reasonable notice, Licensee agrees to provide to Mertie or HostJane sample copies of projects or end uses that contain End Product by providing Mertie or HostJane with free of charge access to any pay-walled or otherwise restricted access website or platform where the End Product is reproduced.
9.2 In addition, upon reasonable notice, HostJane, Inc. may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the End Product in order to verify compliance with the payment and other terms of this License Agreement.
9.3 If any audit reveals an underpayment by Licensee to Mertie and HostJane, Inc. for use of End Product outside of the scope of this Non-Commercial License, the Licensee shall pay HostJane, Inc. the amount of the underpayment and any other remedies to which HostJane, Inc, is entitled, and to reimburse HostJane, Inc. for the costs of conducting the audit.
10. Choice of Law and Forum
10.1 All matters relating to End Product and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
10.2 Any legal suit, action or proceeding arising out of, or related to, the End Product or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming although Mertie and HostJane retains the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country.
10.3 Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
11. Arbitration and Time Limits
11.1 At HostJane's sole discretion, except to the extent prohibited by law, HostJane may require either party to submit any disputes arising from the use of the End Product and this license agreement, including, without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association applying Wyoming law.
11.2 To the maximum extent permitted by law, any cause of action or claim Mertie or Buyer may have arising out of or relating to the End Product or this license agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
12. Waiver and Severability
12.1 No waiver of by HostJane of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mertie or HostJane to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
12.2 If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.
13. Disclaimer of Warranties
LICENSEE’S USE OF THE END PRODUCT IS AT LICENSEE’S OWN RISK. THE END PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOSTJANE AND Mertie HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE, OR INABILITY TO USE, THE END PRODUCT, INCLUDING ANY 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), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE USE, OR INABILITY TO USE, THE END PRODUCT, EXCEED THE FEES THAT LICENSEE PAID FOR THE END PRODUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
Licensee agrees to defend, indemnify and hold harmless HostJane, its affiliates, licensors (including, without limitation, Mertie) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the End Product in violation of law, rules or regulations, or (iii) use of the End Product violation of third party rights where such violation is due to the modification of the End Product.
16. Entire Agreement
16.1 This License Agreement (together with the HostJane General Terms of Service) constitutes the sole and entire agreement between Buyer "Licensee" and Mertie "Licensor" with respect to the End Product and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the End Product.
16.2 This License Agreement supersedes any conflicting terms set forth in the Terms of Service with respect to the End Product.
17. Interpretationt
Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against HostJane.
18. Modification
18.1 HostJane may modify this License Agreement by posting an updated version on the HostJane website, at any time, without notice.
18.2 The then current version of the License Agreement posted at the time of purchase shall apply to contemporaneous purchases (even if the End Product is used after the License Agreement is updated).
18.3 Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees in writing or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) HostJane notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
19. Notices
Notices required to be sent — Between Buyer and Mertie
Should be sent via Users' accounts on HostJane.com.
Between Licensee or Licensor and HostJane
Notices to HostJane should be sent via HostJane's Contact Portal.
HostJane shall send notices by email to the address provided by Licensee and Licensor during account creation or purchase.
Demonstration purposes only. Not valid until seller accepts order.
Mertie allows limited commercial use but retains all intellectual property rights, title, and interest in the delivered Final Work to Buyer when Mertie accepts money for the Service.
1. Definitions
"End Product" means the Final Work that Mertie delivers to Buyer as a result of Buyer purchasing Mertie's Service offered in the Listing.
"End User" means the natural human person who actually uses Mertie's deliverable, Final Work paid for by Buyer.
"Non-Commercial Use" is use for solely personal purposes by a natural person (a real human being not a legal entity)—includes uses in artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold.
"Commercial Use" is use in any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. This includes any use by a business or company for private or commercial applications.
2. Parties to Agreement
This Limited License is between Mertie "Licensor" and Buyer "Licensee" for non-commercial use of the End Product
HostJane acts as an independent, arbitrating party to this licensing agreement.
3. Allowed Uses - Limited Commercial Use
Buyer can only use Mertie's Final Work for lawful purposes only—in other words, for stuff that doesn't break the law.
Buyer is granted a limited, non-exclusive, transferable, and sublicensable worldwide license, to use Mertie's End Product for the following Commercial or Non-Commercial purposes with up to 250,000 End Users:
4. Prohibited Uses
Buyer can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects;Buyer's own copyright work;Buyer does not have the necessary rights to use or reproduce, or in content Buyer knows is inaccurate;5. Ownership & Copyright
5.1 Under this Limited License, Buyer is not granted any intellectual property rights, title, or interest in the delivered Final Work, which are retained by Mertie.
5.2 Mertie's End Product is protected by United States and international copyright and other laws and treaties. Review what is and what is not protected by copyright.
Review what is and what is not protected by copyright.
5.3 Buyer commercial or non-commercial use of Mertie's End Product must comply and align with the permitted Commercial or Non-Commercial Uses in Sections 3 and 4 of this agreement.
5.4 If Mertie's End Product contains a component sourced by Mertie from elsewhere and different license terms apply to the component (such as third-party license, GNU General Public Licence (GPL) or another open source license or Creative Commons (CC) license), the component must be identified by Mertie in the Listing, prior to purchase by Buyer.
Split Licensing
The other license will apply to that component instead of this license. This license will apply to the rest of the End Product.
6. Crediting Mertie
Unless otherwise agreed with Mertie, all use requires a legible credit in the form: "[End Product] © [Mertie]” in close proximity to where the End Product is used.
Fair Use and Use in Buyer Work
Any use of Mertie's original End Product, in a separate Buyer Work or for Fair Use purposes, must be disclaimed in any copyright registration.
7. Termination by Mertie
7.1 Mertie or HostJane may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement.
7.2 In the event of termination, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Mertie or HostJane in writing that Licensee has complied with these requirements.
8. Content Withdrawal by Mertie
8.1 Mertie may discontinue licensing the End Product at any time in her or his sole discretion.
8.2 Upon notice from Mertie, or upon Licensee’s knowledge that End Product may be subject to a claim of infringement of a third party’s right, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Mertie or HostJane in writing that Licensee has complied with these requirements.
9. Audit by Mertie
9.1 Upon reasonable notice, Licensee agrees to provide to Mertie or HostJane sample copies of projects or end uses that contain End Product by providing Mertie or HostJane with free of charge access to any pay-walled or otherwise restricted access website or platform where the End Product is reproduced.
9.2 In addition, upon reasonable notice, HostJane, Inc. may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the End Product in order to verify compliance with the payment and other terms of this License Agreement.
9.3 If any audit reveals an underpayment by Licensee to Mertie and HostJane, Inc. for use of End Product outside of the scope of this Non-Commercial License, the Licensee shall pay HostJane, Inc. the amount of the underpayment and any other remedies to which HostJane, Inc, is entitled, and to reimburse HostJane, Inc. for the costs of conducting the audit.
10. Choice of Law and Forum
10.1 All matters relating to End Product and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
10.2 Any legal suit, action or proceeding arising out of, or related to, the End Product or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming although Mertie and HostJane retains the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country.
10.3 Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
11. Arbitration and Time Limits
11.1 At HostJane's sole discretion, except to the extent prohibited by law, HostJane may require either party to submit any disputes arising from the use of the End Product and this license agreement, including, without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association applying Wyoming law.
11.2 To the maximum extent permitted by law, any cause of action or claim Mertie or Buyer may have arising out of or relating to the End Product or this license agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
12. Waiver and Severability
12.1 No waiver of by HostJane of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mertie or HostJane to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
12.2 If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.
13. Disclaimer of Warranties
LICENSEE’S USE OF THE END PRODUCT IS AT LICENSEE’S OWN RISK. THE END PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOSTJANE AND Mertie HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE, OR INABILITY TO USE, THE END PRODUCT, INCLUDING ANY 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), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE USE, OR INABILITY TO USE, THE END PRODUCT, EXCEED THE FEES THAT LICENSEE PAID FOR THE END PRODUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
Licensee agrees to defend, indemnify and hold harmless HostJane, its affiliates, licensors (including, without limitation, Mertie) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the End Product in violation of law, rules or regulations, or (iii) use of the End Product violation of third party rights where such violation is due to the modification of the End Product.
16. Entire Agreement
16.1 This License Agreement (together with the HostJane General Terms of Service) constitutes the sole and entire agreement between Buyer "Licensee" and Mertie "Licensor" with respect to the End Product and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the End Product.
16.2 This License Agreement supersedes any conflicting terms set forth in the Terms of Service with respect to the End Product.
17. Intepretation
Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against HostJane.
18. Modification
18.1 HostJane may modify this License Agreement by posting an updated version on the HostJane website, at any time, without notice.
18.2 The then current version of the License Agreement posted at the time of purchase shall apply to contemporaneous purchases (even if the End Product is used after the License Agreement is updated).
18.3 Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees in writing or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) HostJane notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
19. Notices
Notices required to be sent—
Between Buyer and Mertie
Should be sent via Users' accounts on HostJane.com.
Between Licensee or Licensor and HostJane
Notices to HostJane should be sent via HostJane's Contact Portal.
HostJane shall send notices by email to the address provided by Licensee and Licensor during account creation or purchase.
Demonstration purposes only. Not valid until seller accepts order.
Mertie is releasing all intellectual property rights, title, and interest in the delivered Final Work to Buyer when Mertie accepts money for the Service.
1. Definitions
"End Product" means the Final Work that Mertie delivers to Buyer as a result of Buyer purchasing Mertie's Service offered in the Listing.
"End User" means the natural human person who actually uses Mertie's deliverable, Final Work paid for by Buyer.
"Non-Commercial Use" is use for solely personal purposes by a natural person (a real human being not a legal entity)—includes uses in artistic, educational, scholarly, and personal projects that will not be marketed, promoted, or sold.
"Commercial Use" is use in any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction. This includes any use by a business or company for private or commercial applications.
2. Parties to Agreement
This Unlimited License is between Mertie "Licensor" and Buyer "Licensee" for non-commercial use of the End Product
HostJane acts as an independent, arbitrating party to this licensing agreement.
3. Allowed Uses - Unlimited Commercial Use
Buyer can only use Mertie's Final Work for lawful purposes only—in other words, for stuff that doesn't break the law.
Buyer is granted a unlimited, non-exclusive, transferable, and sublicensable worldwide license, to use Mertie's End Product for the following Commercial or Non-Commercial purposes with unlimited End Users:
4. Prohibited Uses
Buyer can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects;Buyer does not have the necessary rights to use or reproduce, or in content Buyer knows is inaccurate;5. Ownership & Copyright
5.1 Under this Unlimited License, Buyer is granted all intellectual property rights, title, or interest in the delivered Final Work. Review what is and what is not protected by copyright.
5.2 Buyer commercial or non-commercial use of Mertie's End Product must comply and align with the permitted Commercial or Non-Commercial Uses in Sections 3 and 4 of this agreement.
Review what is and what is not protected by copyright.
5.3 If Mertie's End Product contains a component sourced by Mertie from elsewhere and different license terms apply to the component (such as third-party license, GNU General Public Licence (GPL) or another open source license or Creative Commons (CC) license), the component must be identified by Mertie in the Listing, prior to purchase by Buyer.
Split Licensing. The other license will apply to that component instead of this license. This license will apply to the rest of the End Product.
6. Crediting Mertie
Unless otherwise agreed with Buyer is not required to credit Mertie.
7. Termination by Mertie
7.1 Mertie or HostJane may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement.
7.2 In the event of termination, Licensee must immediately at her or his own expense:
Cease using the End Product;
Delete or destroy any copies (including but not limited to any social media account, platform, or website)
If requested, confirm to Mertie or HostJane in writing that Licensee has complied with these requirements.
8. Content Withdrawal by Mertie
After Buyer has accepted Final Work and submitted Feedback, Mertie may not discontinue licensing the End Product.
9. Audit by Mertie
After Buyer has accepted Final Work and submitted Feedback, Mertie may not audit use of the End Product.
10. Choice of Law and Forum
10.1 All matters relating to End Product and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
10.2 Any legal suit, action or proceeding arising out of, or related to, the End Product or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming although Mertie and HostJane retains the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country.
10.3 Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
11. Arbitration and Time Limits
11.1 At HostJane's sole discretion, except to the extent prohibited by law, HostJane may require either party to submit any disputes arising from the use of the End Product and this license agreement, including, without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the American Arbitration Association applying Wyoming law.
11.2 To the maximum extent permitted by law, any cause of action or claim Mertie or Buyer may have arising out of or relating to the End Product or this license agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
12. Waiver and Severability
12.1 No waiver of by HostJane of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mertie or HostJane to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
12.2 If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.
13. Disclaimer of Warranties
LICENSEE’S USE OF THE END PRODUCT IS AT LICENSEE’S OWN RISK. THE END PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOSTJANE AND Mertie HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE, OR INABILITY TO USE, THE END PRODUCT, INCLUDING ANY 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), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF HOSTJANE, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), 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 THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, Mertie or Buyer'S USE USE, OR INABILITY TO USE, THE END PRODUCT, EXCEED THE FEES THAT LICENSEE PAID FOR THE END PRODUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Indemnification
Licensee agrees to defend, indemnify and hold harmless HostJane, its affiliates, licensors (including, without limitation, Mertie) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the End Product in violation of law, rules or regulations, or (iii) use of the End Product violation of third party rights where such violation is due to the modification of the End Product.
16. Entire Agreement
16.1 This License Agreement (together with the HostJane General Terms of Service) constitutes the sole and entire agreement between Buyer "Licensee" and Mertie "Licensor" with respect to the End Product and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the End Product.
16.2 This License Agreement supersedes any conflicting terms set forth in the Terms of Service with respect to the End Product.
17. Interpretationt
Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against HostJane.
18. Modification
18.1 HostJane may modify this License Agreement by posting an updated version on the HostJane website, at any time, without notice.
18.2 The then current version of the License Agreement posted at the time of purchase shall apply to contemporaneous purchases (even if the End Product is used after the License Agreement is updated).
18.3 Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees in writing or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) HostJane notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
19. Notices
Notices required to be sent—
Between Buyer and Mertie
Should be sent via Users' accounts on HostJane.com.
Between Licensee or Licensor and HostJane
Notices to HostJane should be sent via HostJane's Contact Portal.
HostJane shall send notices by email to the address provided by Licensee and Licensor during account creation or purchase.
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