Bag of Apples Terms of Use
Welcome to Bag of Apples Terms of Use! We are excited to help you realize your dreams. We tried to make all of this legal mumbo jumbo as clear as possible, if you have any questions feel free to contact us at [email protected].
Bag of Apples is a trading name of Jordan Baker Caldwell LLC, a limited liability company registered in the State of Delaware, United States of America. Throughout these terms, “Bag of Apples”, “BOA”, “we”, “us,” and “our” refer to the team operating under the trade name Bag of Apples, which provides access to tools, websites, templates, features, and applications (collectively, the “Services”) that empower users to showcase themselves and their work online and beyond.
By accessing or using the Bag of Apples website and its related software tools, platforms, applications or any other Services, you agree to be bound by these Terms of Use. If you are using the Services on behalf of a business, organization, or other entity, you are agreeing to this Agreement on its behalf, and you represent and warrant that you are authorized to do so.
1. Content
1.1. Ownership
You retain ownership over all content you upload to your Bag of Apples websites, or websites respectively. This includes but is not limited to all images, text, video, and audio (collectively, “Personal Content”).
1.2. Intellectual Property
Bag of Apples respects you and work, and we ask that you respect the work and creative rights of others. You must either own, or have the right to use, exhibit, and or sell any content you display on your website.
1.3. Source of Material
You will supply Bag of Apples with all necessary source materials needed for the completion of the Site(s). This may include, but is not limited to images, video, and final text. Bag of Apples will not edit, re-write, or spellcheck your provided text, so please be sure to supply us with finalized content whenever possible.
1.4 Inappropriate Content
Bag of Apples reserves the right to remove content that is obscene, hateful, or pornographic in nature, or content that depicts or promotes illegal activity.
1.5. Showcase
Bag of Apples may showcase your User Website(s) and its associated content as part of our online portfolio or in upcoming promotional material, which includes but is not limited to Instagram Posts, Tweets, and printed material. If you do not wish to have your website featured, you may opt out by sending an email to that affect to [email protected].
1.6. License
1.6. License and Content Usage
You give permission to Bag of Apples, its successors, partners, agents and/or third party domain registrars, hosting providers, and related vendors acting on our behalf a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicense right and license to reproduce, modify, host, edit, and store Personal Content. This license includes the right to create derivative works from your content, including but not limited to web animations, transitions, animated gifs, and other visual or interactive elements. We may use your content to train, develop, or improve automated systems, computational models, algorithmic processes, or any similar technologies, and may process, analyze, or transform your content through automated or computational means to create new features, insights, or improvements to our Services. Furthermore, we may create new works, products, services, or technologies that may be inspired by, derived from, or trained using your content, and may share or sublicense your content with our service providers, partners, or affiliated companies as needed to provide, improve, or develop our Services and related technologies
1.7. Duplication and Transfers
Websites created by Bag of Apples typically have an average market value ranging from $2,000 to $20,000, regardless of any promotional pricing, discounts, or special offers that may have been applied at the time of purchase. This average valuation reflects the actual development costs, intellectual property, and intrinsic value of our work.
Unless you have outright purchased the website at its full market value, if you choose to cancel your subscription while retaining the website, request to transfer your website to another hosting provider, or otherwise maintain ownership of the website without an active subscription, you agree to pay the full market value of the website, less any amounts already paid. The specific market value will be determined by Bag of Apples based on your website’s complexity, features, and development scope. Any promotional pricing, discounts, or special offers will be void, and the full market value will become immediately due and payable, along with all applicable fees associated with any transfer or ownership change.
Additionally, you agree not to copy, modify, display, distribute, download, store, reproduce, transmit, migrate, decompile, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Services, Site or User Websites and/or any part thereof without explicit written permission from Bag of Apples.
2. User Accounts
2.1. Registration
Signing up for a subscription plan and/or select Service will necessitate your registration and creation of an account with Bag of Apples (herein a “User Account”). It is your responsibility to safeguard your login credentials, and we strongly recommend that you do not share them with others.
2.2. Deletion/Content Loss
If your User Account is deleted, whether through your own action, an agent acting on your behalf, or through the actions of Bag of Apples in accordance with our Terms of Use, it may result in the irrevocable loss of content, features, data, and/or related Personal Content. You agree to Hold Bag of Apples harmless of any claims, damages, losses, costs, and/or litigation arising out of said deletion. In the event that your User Account and the associated content can be reactivated/restored, there may be additional fees associated with the restorative process determined at the time.
3. Privacy and Data Protection
3.1. Data Collection and Use
Your use of our Services is also governed by our Privacy Policy, which can be found at [Privacy Policy URL]. The Privacy Policy is incorporated by reference into these Terms of Use.
3.2. Data Security
While we implement reasonable security measures, we cannot guarantee the absolute security of your data. You acknowledge and agree that any information you transmit through the Services is done at your own risk.
3.3. GDPR Compliance
For users in the European Economic Area (EEA), we comply with applicable data protection laws. Please refer to our Privacy Policy for detailed information about your rights under GDPR.
4. Third Party Services
Certain Bag of Apples Services and applications rely on upon services provided by third parties. These service includes domain registrars, hosting providers, payment processors and gateways, stock imagery, and third party applications such as plugins (herein “Third Party Services”). Third Party Services may be subject to their own terms of service, and your use of them shall be in accordance with their terms of service. You agree that Bag of Apples is not liable to you for the actions of said Third Party Services, or any losses, damages, or costs incurred as a result of their actions, or lack thereof. We reserve the right to disable, remove, or cancel any Third Party Service that we deem unsafe or potentially harmful at any time, without prior notice.
5. Domains
5.1. Registrars
In order to provide domain services to you, Bag of Apples works with third party registrars to register domain names on your behalf. Said registration is contingent on the terms of services set forth by the relevant Third Party Service.
5.2. Free Domain Names
In order to build your website(s) for you, Bag of Apples may offer a free domain name when you sign up for one of our monthly or annual subscription plans. This domain name will be registered by Bag of Apples on your behalf and will be associated with your User Account for as long as it is active. If you wish to transfer a domain to a different registrar, you will be responsible for all fees associated with said transfer. Please note that domain names can only be transferred from one registrar to another after they have been owned for a minimum of 90 days.
6. Billing
6.1. Payment
Bag of Apples Services may be subject to individual fees (herein referred to as “Fee(s)”) as defined by us which you will be made aware of prior to payment. All Fees shall be paid in U.S. Dollars, unless otherwise stated by Bag of Apples. In accordance with applicable law, you are responsible for all Service related taxes levied by taxing authorities as they relate to any Fees, purchases, or payments you incur. Depending on the Services provided by Bag of Apples, payment of 50% to 100% of the total Fee is due at or before the beginning of the project. Any remaining percentage shall become due when the Service is completed. Bag of Apples reserves the right not to begin working until the initial payment has been paid in full; if payment is in the form of a check, payment constitutes the clearance of said check. All payments are nonrefundable.
6.2. Authorization
By signing up for Bag of Apples Services, including plans and subscriptions, you are agreeing to give permission to us and any agents or entities acting on our behalf, to collect payment, charge, or take any relevant billing action from the credit card, bank account, or alternative payment method you have provided.
7. Deliverables
7.1. Completion of Services
Bag of Apples warrants completion of the Service(s) in accordance with the specifications of the relevant Service(s). Bag of Apples will not charge more than the amount previously agreed upon unless you have varied the specifications of the Service(s) since the start of the given project. Bag of Apples will not undertake changes to the specifications of the Service(s) which would increase the cost, without prior authorization from you.
7.2. Time Frame
The allotted time needed to complete the Service(s), referred to herein as (“Time Frame”) shall be defined relative to the Service being provided. In the event that, by no fault of Bag of Apples, the duration of the Service(s) extends beyond the Time Frame, or if work is requested of Bag of Apples is in addition to the agreed upon Services, you agree to pay for all work completed at the hourly rate of $150 unless otherwise indicated, excepting that the terms of said additional work and/or Time Frame have been agreed upon prior to its completion.
7.3. Approval of Services
Upon completion of the Services, you will be notified and have the opportunity to review it. You should notify Bag of Apples, in writing, of any unsatisfactory points within 24 hours of receipt of such notification. Any of the work which has not been reported in writing to Bag of Apples as unsatisfactory within the 24 hour review period will be deemed to have been approved. If the overall Time Frame is less than 4 days then Bag of Apples must be made aware of any unsatisfactory points within 12 hours of delivery. Once approved, or deemed approved, work cannot subsequently be rejected, and the agreement will be deemed to have been completed and the remaining payment will become due.
7.4. Amendments and Revisions
Presented work is subject to four (4) rounds of revision if deemed necessary by you. The rounds are as outlined below:
Round 1
If after the initial revisions submitted by you are applied to the Service(s) and presented, it is still deemed unsatisfactory or is in need of revision, you must notify Bag of Apples, in writing, of any remaining unsatisfactory points within 12 hours of this presentation.
Round 2
If after the second round of revisions submitted by you are applied to the Service(s) and presented, it is still deemed unsatisfactory or is in need of revision, you must notify Bag of Apples, in writing, of any unsatisfactory points within 12 hours of this presentation.
Round 3
If after the third round of revisions submitted by you are applied to the Service(s) and presented, it is still deemed unsatisfactory or is in need of revision, you must notify Bag of Apples, in writing, of any unsatisfactory points within 6 hours of this presentation.
Round 4
In the event that, by no fault of Bag of Apples, by the fourth presentation of the Service(s) that it does not meet your approval, Bag of Apples reserves the right to either: a) continue the Service(s) at the hourly rate outlined in Time Frame, or b) terminate the agreement, in which case Bag of Apples can take any legal measures to recover both payment for the completed work and reasonable expenses incurred in recovering payment.
7.5. Rejected Services
If you reject the Service(s) within the initial review period, or will not approve subsequent work performed by Bag of Apples to remedy any points reported by you as unsatisfactory, and Bag of Apples considers that you are unreasonable in its repeated rejection of the Service(s), the agreement will be deemed to have expired and Bag of Apples can take any legal measures to recover both payment for the completed Service(s) and reasonable expenses incurred in recovering payment in full.
8. Entire Agreement
This Document contains the entire agreement between you and Bag of Apples. There are no other promises or conditions in any other agreement whether oral or written unless otherwise indicated. This agreement supersedes any prior written or oral agreements between the parties.
9. Independent Status
This Agreement does not constitute a partnership, special relationship or joint venture between you and Bag of Apples. You agree not to act as an agent of Bag of Apples, or to bind Bag of Apples in any way.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York for all disputes arising out of or relating to these Terms of Use, the Services, or any relationship between you and Bag of Apples. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
11. Legal Fees
In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to reasonable attorney’s fees, costs and necessary disbursements incurred before and/or after judgment.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from:
- The use of, or inability to use, the Services;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Services;
- Any other matter relating to the Services.
THE AGGREGATE LIABILITY OF BAG OF APPLES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID TO BAG OF APPLES FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
13. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms of Use arising out of or caused by forces beyond our control, including without limitation, acts of God, war, riots, pandemics, epidemics, natural disasters, accidents, governmental actions, or telecommunications failures.
14. Class Action Waiver
You and Bag of Apples agree that each party may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both parties agree otherwise, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
15. Severability
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
16. DMCA Notice & Takedown Procedure
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Service, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
17. Electronic Communications
When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Bag of Apples without restriction or notification.
Last Updated: October 15, 2024