By accessing or using the MissingPage website (“Site”) or mobile application (the Site and application are collectively referred to as “Services”) in any way you agree to and are bound by this Terms of Service (“TOS”).

MissingPage is owned and operated by Missingpage, LLC (“MissingPage”). MissingPage reserves the right to change the TOS and other guidelines or rules from time to time at its sole discretion. Your use of the Services will be subject to the most current version of the TOS, rules and guidelines on the Services. Your continued use of the Services, or any Materials or Services accessible through it, will constitute acceptance of the modified Terms. If you breach any of the terms in this TOS, your license to use these Services will be immediately terminated. MissingPage reserves the right to revoke User's license to use these Services at their sole discretion.

1. License
   1. MissingPage grants User a limited non-exclusive, non-transferable license to use the Services. User agrees and acknowledges that all uses of the Services are for the sole purpose of the commercial benefit of User, and may not be used to benefit any third party, including service bureau services. This license grants User the rights to use the MissingPage software installed on User's system and the rights to use the documents provided through the Services for the purposes described in this section. This Agreement does not grant User or any other person or entity any license or other intellectual property rights under any patent, copyright, license or other intellectual property right of MissingPage. MissingPage is the sole and exclusive owner of all intellectual property that arises out of the Services or this Agreement.
   2. User may not attempt to alter the source code of the Services or make any attempt at reverse engineering or use the Services for any purposes not expressly set forth through this Agreement. Furthermore, User will not remove or alter the MissingPage name, logo, or other identifying marks from the the documents produced by MissingPage for User. Any improvements or modifications made by user to the Services, Services, or any MissingPage product or services are assigned to MissingPage without any further consideration beyond the license granted in §1.1. Under no circumstance may User be entitled to, or receive, any intellectual property rights beyond the limited license granted in §1.1.
   3. User agrees and acknowledges that User is solely responsible for ensuring they have the proper systems with the necessary resources available for the the use of the Services, which includes all web enabled devices owned and operated by User or User's employees, agents, or any party under User's control where User grants access.
2. User Account and User Names
   1. MissingPage may ask for details about User in order to ensure proper use of the Services. This will include User’s first and last name, address, e-mail address, gender, phone number and date of birth. MissingPage reserves the right to alter the personal details required for use of the Services at any time. User agrees to provide MissingPage with accurate information when signing up to use the Services. Any attempt to impersonate any third party will result in the termination of User's account.
   2. User is solely responsible for ensuring that only the proper parties have access to User's account. It is User's sole responsibility to regulate access to the Services provided by MissingPage, and manage all parties who receive access to the Services through this Agreement.
   3. User is solely responsible for ensuring the security of their login information and password. User must notify MissingPage of any unauthorized use of their account or account information.
3. Use of the Services
   1. User hereby represents and warrants that all images and other forms of content uploaded to MissingPage does not infringe on the intellectual property rights of any third party. User fully indemnifies and holds harmless MissingPage for any intellectual property action which may arise out of use the Site, Services, or this TOS. User assumes all risk and is solely responsible for any and all liability resulting from access to the Site or Services in a way that violates (or that produces content that violates) any law or the rights of others including, but not limited to, laws concerning copyright infringement. User further agrees to notify MissingPage of any infringement occurring on the Site via e-mail at support@missingpage.com. User agrees and acknowledges that MissingPage may access User's uploaded content and information and disclose such content and information if required to by law, to enforce this Terms of Service, or in response to claims that User's uploaded content violates the intellectual property rights of others. Furthermore, User agrees and acknowledges that MissingPage is not responsible for any claims of defamation, publicity rights, invasion of privacy, financial loss, or any other cause of action and agrees to indemnify MissingPage accordingly.
   2. User agrees and acknowledges that MissingPage may collect and use technical data and related information, including but not limited to technical information about Your device, system and Site software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the Site. MissingPage may use this information, as long as it is in a form that does not personally identify User, to improve its products or to provide services or technologies to User.
   3. User agrees not to modify, adapt or translate any code on the Site. User further agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site. User further agrees not to upload any viruses or malicious code.
   4. User agrees not to use the Site to harass or spam other users or any other third party with unwanted messages or other unsolicited content. MissingPage may, at in its sole discretion, determine whether or not content or posts are inappropriate. User agrees and acknowledges that if MissingPage determines that User has used their account to harass or spam other users of the Site or Services, that MissingPage may restrict or terminate User's account.
   5. User may not use automated tools such as spiders, scrapers, or any type of bot on the Site or Services. User may not use any tool, program, or other means which may place a heavy load on the Site's server or infrastructure. MissingPage in its sole discretion will determine what constitutes a heavy load on its servers, Site, or infrastructure. Furthermore, User may not use any software that attempts to copy any copyrighted protected work(s) that has has been uploaded to the Site or is part of the Site or Services.
   6. User agrees and acknowledges that MissingPage may, in its sole discretion, remove any image or other uploaded content it deems inappropriate. Furthermore, uploaded content may not contain links any objectionable material. Objectionable material includes, but is not limited to, threats or harassment of third parties, libel or defamatory statements, vulgarity or profanity, racism, any reference or suggestion of violence, solicitation, or any other content which affects the ability of other users to safely utilize the Site and Services. Determining what material is objectionable is at the sole discretion of MissingPage. User agrees and acknowledges that any violation of the terms of this section may result, in MissingPage's sole discretion, the restriction or termination of User's account.
   7. The Site and Services may contain links to third party websites or content uploaded by other users and third parties in violation of section 3.8 of this agreement. MissingPage is not responsible for any economic loss or other damages which may occur by visiting third party websites or accessing third party content. User agrees and acknowledges they are solely responsible for any economic loss or damages which arise from clicking on any link or viewing any content contained on the Site, through use of the Services, or from accessing any third party content and websites via the Site or Services. User agrees and acknowledges it is their sole responsibility to do their due diligence prior to accessing any content through the Site or Services or by clicking on any link to third party websites. Under no circumstance will MissingPage be responsible for any damages which arise from User's accessing any content via the Site, Services, or any third party website or content accessible through the Site or Services.
4. Warranties

   Except as expressly provided otherwise in a written TOS between User and MissingPage or User and a third party with respect to such party’s materials or services, this Services, and all Materials and Services accessible through this Services are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. User assumes all risks associated with use of these services. In no event, including, without limitation, negligence, will MissingPage, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not MissingPage has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the Services, Services, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Services that are delayed or interrupted, or any web Services referenced or linked to or from this Services. MissingPage is not responsible for any loss User may incur through misuse of the Services or failure to abide by the terms in this TOS.

   TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MissingPage BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MissingPage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

   In no event will MissingPage's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

5. Miscellaneous
   1. User will indemnify, defend and hold MissingPage, its Affiliates, current and former directors, members, officers, employees, contractors, stockholders, agents and representatives harmless against all claims, suits, demands, allegations, investigations or other actions and any damages, fines, costs, losses, fees, settlements arising therefrom (“Claim(s)”) relating to any breach of this TOS by User, any illegal activity involving the Services by User, or unauthorized modification of the Services by User.
   2. The rights and responsibilities granted by through this Agreement may not be assigned by User without MissingPage's prior written consent.
   3. This TOS will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
   4. If any term or provision of this TOS is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or determination that a term or provision was unenforceable will not affect any other term or provision of this TOS or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, this TOS will be modified so as to reflect the original intent of the parties as closely as possible.
   5. This TOS will be governed by and construed in accordance with the internal laws of Texas without giving effect to any choice or conflict of law provision or rule (whether of Texas) or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon this TOS must be instituted in the courts of Fortbend County, Texas and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.