Terms and Conditions

Last updated: November 23rd, 2020

Welcome to Takeout Titans!

Takeout Titans is owned and operated by PA Digital Solutions, LLC.


These are the terms and conditions for:


https://www.takeouttitans.com


The following terms and conditions apply to the website, platform and services offered by Takeout Titans. This includes the mobile and tablet versions, as well as any other version of Takeout Titans that can be accessed through a desktop, mobile, tablet, social media or other device.


Use of the website, platform and services means that you agree to these terms and conditions as set forth below (the "Terms").


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.


1. ACCEPTANCE OF TERMS


This agreement sets forth legally binding terms for your use of Takeout Titans. By using Takeout Titans, you agree to be bound by this Agreement. If you do not accept the terms of this agreement, you should leave Takeout Titans platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Takeout Titans. You agree to be bound by any modification to this Agreement when you use Takeout Titans after any such modification is posted; it is therefore important that you review this Agreement regularly.


Takeout Titans may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.


2. ELIGIBLITY


You may use the platform and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.


The use of this platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.


By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.


You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.



3. ACCOUNT


If you register on Takeout Titans, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Takeout Titans of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Takeout Titans. Takeout Titans will not be liable for any loss or damage arising from your failure to comply with this agreement.


By providing Takeout Titans with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.


The users may terminate their accounts any time, for any reason, by following the instructions on Takeout Titans. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Takeout Titans.


Takeout Titans reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Takeout Titans believes that you have breached any of these terms, furnished Takeout Titans with false or misleading information, or interfered with use of the platform or the service by others.


4. PAYMENTS


The services will be paid through "Stripe" (payment platform available at Takeout Titans).


When a user makes a transaction, Takeout Titans will send an email to confirm the transaction. This confirmation email will be produced automatically so that the user has confirmation of the transaction and purchase of the service.


The payment will be charged to the credit/debit card immediately after the payment for the corresponding service is made. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.


Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of the services. Takeout Titans reserves the right to contract any payment platform available in the market, which treats your data with the only purpose of processing the purchase of the services.


5. SOFTWARE USE LICENSES


The software code is not for sale, Takeout Titans provides the license for use only. Takeout Titans gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Takeout Titans as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Takeout Titans, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the software and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of Takeout Titans or third parties.


Takeout Titans reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Takeout Titans believes that you have violated any of these terms or interfered with the use of the platform or service by others.


6. SOFTWARE DISCLAIMER


Takeout Titans will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the software offered by Takeout Titans. By using the services and using the software provided by Takeout Titans, you accept personal responsibility for the results of your actions in using such software. You agree to assume full responsibility for any damage or harm you suffer as a result of the use, or lack of use, of the software provided by Takeout Titans and the services available from Takeout Titans. The correct use of the software provided by Takeout Titans is at your own risk and responsibility. Takeout Titans does not accept claims from third parties for the use or misuse of the software by our clients.


7. THIRD-PARTY MATERIALS


“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.


8. INTELLECTUAL PROPERTY OF THE SOFTWARE


The intellectual property and all copyrights pertaining to the software offered on this platform and provided as part of the services, belong to PA Digital Solutions, LLC. PA Digital Solutions, LLC assigns to the user all rights, title and interest in the software, solely for personal use. The right to exploit the product and the commercial license are not included and can only be granted with the permission of PA Digital Solutions, LLC. Unauthorized use of the software or the available content of the software without the respective commercial licenses may cause a violation of copyright and result in a lawsuit, as provided by the copyright laws.


9. COPYRIGHT


All materials on Takeout Titans, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Takeout Titans or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Takeout Titans are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Takeout Titans prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Takeout Titans or any part of the material for any purpose other than its intended purposes is strictly prohibited.



10. COPYRIGHT COMPLAINTS


Takeout Titans respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Takeout Titans application infringe upon your copyright or other intellectual property right, please send the following information to:


i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.


ii. A statement specifically identifying the location of the infringing material, with enough detail that Takeout Titans may find it on the Takeout Titans Site. Please note: it is not sufficient to merely provide a top-level URL.


iii. Your name, address, telephone number and e-mail address.


iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.


v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.


vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.


11. ACCURACY AND TIMELINESS OF INFORMATION


We do not guarantee that the information available on the application and website is accurate, complete or updated. The content of this application and website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this platform is at your own risk.


12. PROHIBITED ACTIVITIES


The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Takeout Titans or licensed to the Takeout Titans by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. Additionally, you agree not to:


i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Takeout Titans;


ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;


iii. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;


iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;


v. Deep-link to any portion of the services for any purpose without our express written permission;


vi. "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;


vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Takeout Titans in connection with the services;


viii.Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or


ix. Download any content unless it’s expressly made available for download by Takeout Titans.


13. DISCLAIMER OF WARRANTIES


Takeout Titans will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.


Because of the nature of the Internet “Takeout Titans” provides and maintains the application and website on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.


Our application may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.


Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.


You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Takeout Titans for any loss or damage caused as a result.


Takeout Titans will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.


These terms do not affect your statutory rights as a consumer which are available to you.


Subject as aforesaid, to the maximum extent permitted by law, Takeout Titans excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Takeout Titans and Takeout Titans shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:


• Any incorrect or inaccurate information on Takeout Titans;

• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product or service purchased through the platform;

• Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from Takeout Titans;

• All representations, warranties, conditions and other terms which but for this notice would have effect.



14. THIRD PARTIES


Takeout Titans contains content of third-party licensors to Takeout Titans, which is protected by copyright, trademark, patent, trade secret and other laws. Takeout Titans owns and retains all rights, title and interest in the Content. Takeout Titans hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the content and any third party Content located on or available through Takeout Titans or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Takeout Titans and using the Service.


Any dealings with third parties included within or on Takeout Titans involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Takeout Titans is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Takeout Titans does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Takeout Titans or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Takeout Titans is provided to you for informational purposes only. Takeout Titans encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Takeout Titans works to ensure the information on Takeout Titans is current and accurate.


15. NON-COMMERCIAL USE


The services and use of the application may not be used in connection with any commercial purposes, except as specifically approved by Takeout Titans. Unauthorized framing of or linking to any of Takeout Titans is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.


16. SECURITY COMPONENTS


You understand that Takeout Titans and software embodied within Takeout Titans may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Takeout Titans and/or content providers who provide content to Takeout Titans platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Takeout Titans.



17. ELECTRONIC COMMUNICATIONS


No responsibility will be accepted by Takeout Titans for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.


18. INDEMNIFICATION


You agree to defend and indemnify Takeout Titans from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:


• Your breach of this Agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the Takeout Titans platform and services.



19. CHANGES AND TERMINATION


We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.


20. PERSONAL DATA


Any personal information you post on or otherwise submit in connection with the services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.


21. ASSIGNMENT


This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Takeout Titans without restriction.


22. INTEGRATION CLAUSE


This agreement together with the Privacy Policy and any other legal notices published by Takeout Titans, shall constitute the entire agreement between you and Takeout Titans concerning and governs your use of the application and website.


23. DISPUTES


You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Takeout Titans platform, will be settled by binding arbitration between you and Takeout Titans, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.


24. HEADINGS


Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.


25. FINAL PROVISIONS


These terms are governed by the laws of the United States. Use of our platform and services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.


26. CONTACT US


If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:


hello [@] takeouttitans.com

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