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Terms of Service

Effective Date: December 19, 2024

Last Updated: December 19, 2024

1. Acceptance of Terms

Welcome to My Desk Collection ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website located at kwickdesk.com (the "Service") operated by My Desk Collection.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

These Terms constitute a legally binding agreement between you and My Desk Collection. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

My Desk Collection operates as a portfolio website showcasing our work, services, and capabilities. The Service includes:

• Display of portfolio content including but not limited to images, descriptions, and project information
• Information about our services and expertise
• Contact information and inquiry forms
• General business information and updates

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. User Accounts and Registration

Currently, our Service does not require user registration or account creation for general browsing and viewing of portfolio content. However, if we implement user accounts in the future:

• You will be responsible for maintaining the confidentiality of your account credentials
• You agree to provide accurate and complete information during registration
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

4. User Conduct and Responsibilities

When using our Service, you agree to:

• Use the Service only for lawful purposes and in accordance with these Terms
• Not use the Service in any way that could damage, disable, overburden, or impair our servers or networks
• Not attempt to gain unauthorized access to any portion of the Service
• Not engage in any activity that interferes with or disrupts the Service
• Respect the intellectual property rights of My Desk Collection and third parties

You are prohibited from:

• Using the Service for any illegal or unauthorized purpose
• Transmitting any harmful, threatening, abusive, or objectionable content
• Attempting to reverse engineer, decompile, or disassemble any aspect of the Service
• Using automated tools to access or interact with the Service without permission
• Copying, reproducing, or distributing our content without explicit written permission

5. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of My Desk Collection and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

All portfolio content, including but not limited to images, text, graphics, logos, and design elements, are owned by or licensed to My Desk Collection. You may not reproduce, distribute, modify, or create derivative works of any content without our express written permission.

5.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the content on our Service solely for your personal, non-commercial use.

6. Payment Terms

While our portfolio website is currently available for viewing at no cost, if we offer paid services or products in the future:

• All prices will be clearly displayed and are subject to change
• Payment terms will be specified at the time of purchase
• All sales may be final unless otherwise specified
• We reserve the right to refuse service to anyone for any reason

7. Disclaimers and Limitation of Liability

7.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis. My Desk Collection makes no representations or warranties of any kind, express or implied, regarding the use or results of the Service in terms of correctness, accuracy, reliability, or otherwise.

7.2 No Warranties

We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

7.3 Limitation of Liability

In no event shall My Desk Collection, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, punitive, consequential, or special damages arising out of or related to your use of the Service, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability to you for all damages, losses, and causes of action shall not exceed fifty dollars ($50).

8. Indemnification

You agree to indemnify, defend, and hold harmless My Desk Collection and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third party right, including without limitation any copyright, property, or privacy right
• Any claim that your use caused damage to a third party

9. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

These Terms shall be interpreted and governed by the laws of the United States and the state in which My Desk Collection is located, without regard to conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in [CITY, STATE], and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Information

If you have any questions about these Terms of Service, please contact us at:

My Desk Collection
Email: [EMAIL]
Address: [ADDRESS]
Website: kwickdesk.com

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.

14. Entire Agreement

These Terms constitute the entire agreement between you and My Desk Collection regarding the use of the Service, superseding any prior agreements between you and My Desk Collection relating to your use of the Service.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

By using our Service, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them.

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