Terms and Conditions

Effective Date: August 1, 2024

Welcome to MyProducer.io!

These terms and conditions outline the rules and regulations for the use of MyProducer.io, a staff management application owned by Marching Penguin LLC, located at 1819 Parnell Ave #10 Los Angeles, CA 90025.

By accessing this website and using our application, we assume you accept these terms and conditions. Do not continue to use MyProducer.io if you do not agree to take all of the terms and conditions stated on this page.

1. DEFINITIONS

• "Application" refers to the staff management application, MyProducer.io.
• "We," "Us," "Our" refers to Marching Penguin LLC.
• "User," "You," "Your" refers to the person using our website or application.

2. OUR SERVICES

We provide a staff management application that includes various tools and features designed to help you manage your team efficiently. The services provided may include but are not limited to project management, scheduling, communication tools, and other related services.

3. INTELLECTUAL PROPERTY RIGHTS

The Application and its original content, features, and functionality are and will remain the exclusive property of Marching Penguin LLC and its licensors. You may not use, copy, or distribute any of the content from the Application without our express written permission.

4. USER REPRESENTATIONS

By using the Application, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You will comply with all applicable laws and regulations in your use of the Application.

5. USER REGISTRATION

To access certain features of the Application, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.

6. PURCHASES AND PAYMENT

If you wish to purchase any product or service made available through the Application, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase.

7. FREE TRIAL

We may offer a free trial for a limited period of time. You may be required to enter your billing information in order to sign up for the free trial. If you enter your billing information when signing up for a free trial, you will not be charged by Marching Penguin LLC until the free trial has expired. On the last day of the free trial period, unless you have canceled your subscription, you will automatically be charged the applicable subscription fees for the type of subscription you have selected.

8. CANCELLATION

You can cancel your subscription at any time through your account settings. Upon cancellation, your access to the Application will be terminated at the end of your current billing cycle.

9. PROHIBITED ACTIVITIES

You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

10. USER GENERATED CONTRIBUTIONS

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application. Contributions may be viewable by other users of the Application and through third-party websites.

11. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose.

12. SOCIAL MEDIA

As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (i) providing your Third-Party Account login information through the Application; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

13. THIRD-PARTY WEBSITES AND CONTENT

The Application may contain (or you may be sent via the Application) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). We are not responsible for any Third-Party Websites or Third-Party Content accessed through the Application.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions; (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Application.

15. PRIVACY POLICY

Your use of the Application is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.

16. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Application. Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Application (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

18. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

19. DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The maximum liability of Marching Penguin LLC shall be limited to the amount paid by the user for a subscription.

20. CORRECTIONS

There may be information on the Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.

21. DISCLAIMER

The Application is provided on an as-is and as-available basis. You agree that your use of the Application and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

22. LIMITATIONS OF LIABILITY

In no event shall Marching Penguin LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Application; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Application; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Application by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Application; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Application; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Application with whom you connected via the Application.

24. USER DATA

We will maintain certain data that you transmit to the Application for the purpose of managing the performance of the Application, as well as data relating to your use of the Application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Application. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Application or in respect to the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. These terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these terms or use of the Application. You agree that these terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms and the lack of signing by the parties hereto to execute these terms.

28. CONTACT US

In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:

Marching Penguin LLC
1819 Parnell Ave #10
Los Angeles, CA 90025
support@myproducer.io