You must in no event be less than thirteen (13) years of age to access and use the Service, Software Client, and/or Content. By accessing or using the Service, Software Client and/or Content, you represent that you are at least thirteen (13) years of age, and that your parent or legal guardian is aware of and has consented to such use and/or access.
You must provide all information requested during the signup process and from time to time thereafter, fully and accurately, which may include but is in no way limited to: your full legal name and physical address, the full legal name of your company (if applicable), and a valid contact email address, telephone number and credit card number.
Only you may use your individual account login – login sharing is not permitted. In the case of company accounts, your company will be allowed to designate one or more employees, each of whom s hall be granted a method of Service access.
Creative Commons Licensing
Company may make certain Content available for use under Creative Commons licenses from time to time (“CC Content”). Company’s general policy is to allow use of such CC Content free of charge so long as the user(s) of the CC Content do not charge any fee or receive any other financial benefit either for access to the CC Content, or for any product or service (including but in no way limited to “coaching”) offered in connection with the CC Content. Conversely, if the user(s) of CC Content DO charge any fee or receive any other financial benefit in connection with any of the foregoing, said user(s) are required (i) to first enter into a separate Affiliate/Publishing Partner Agreement in form acceptable to Company, in its sole and absolute discretion, and (ii) to pay Company for their use of said CC Content, as provided in the “Payments” section below. However, the foregoing general statements notwithstanding, you are always responsible for compliance with all actual terms and conditions of the Creative Commons license(s) associated with and applicable to CC Content, as well.
Application Programming Interface
YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE API, OR THIRD-PARTY PRODUCTS OR SERVICES THAT ACCESS DATA VIA THE API.
Abuse or excessive calls/requests via the API may result in the temporary or permanent suspension of your account’s access to the API. Company, in its sole discretion, will determine abuse or excessive usage of the API.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof), with or without notice.
Third Party Access
By using the Service, Software Client and/or Content provided by Company, you are granting us permission to access your account and all messages, data, information, text, graphics, audio, video or other materials posted/uploaded to the Service ("User Material"), and to process and submit said User Material to designated third parties.
The preceding paragraph notwithstanding, Company and its affiliated companies, whether now or in future existing (collectively the “Company Businesses”), may share aggregated statistical information about our users (including but not limited to demographic information, preferences, etc.) with third parties from time to time, and you hereby consent to such disclosure. The Company Businesses will use commercially reasonable efforts to ensure that such information does not identify individual users, nor include any personally identifiable or otherwise sensitive information.
Authorization of User Materials/Communications
You agree to allow Company to post, process, transmit to third parties or otherwise make available User Materials and other communications as you may designate from time to time while using the Service, Software Client and Content.
Company is not liable for any errors or omissions in User Material you provide, or for any errors or omissions in its processing and/or transmission of User Material and other communications to third parties once submitted to Company.
You are required to verify all User Material posted to the Service, and regularly to monitor your account.
Maintenance of your account as active, and your continued access to Company’s Service, Software Client and Content require full payment in accordance with your account plan.
Your account plan recurring subscription fee will automatically be billed to your credit card (or to such alternative payment method as Company may authorize from time to time in its sole discretion), in advance and on a monthly basis, and is non-refundable.
All account plan subscription fees are exclusive of any taxes, levies or duties which may be imposed by authorities and governments. You understand and agree that any such taxes, levies and duties will be included in the monthly amount billed.
You can cancel your account at any time, effective upon the giving of not less than five (5) business days’ notice. If notice of cancellation is timely made, your account and access to the Service, Software Client and Content will continue until the end of your then-current billing period; otherwise they will continue until the end of the billing period immediately following your then-current billing period. Except in the limited circumstance provided above, you will not be billed for another billing period following notice of cancellation.
Company reserves the right to change the pricing to users of its Service, Software Client and/or Content offerings at any time. Existing users will be provided 30 days’ notice, on the Site or by email, of changes to pricing.
This Payment section is intended only to provide a broad overview. Payment terms (including but not limited to required payments to Company by Affiliates/Publishing Partners) are discussed in greater detail at [INSERT LINK], to which you should refer for additional information.
In registering to use the Service, you will receive a password and account designator. You are solely and fully responsible for: (i) maintaining the confidentiality of your password and account, and (ii) all activities that occur through your password or account, including without limitation all User Material posted to or through your account. You agree to immediately notify Company of any actual or potential unauthorized use of your password or account, or any other actual or potential breach of Company’s security. You will ensure that you logout from your account at the end of each session.
You are solely responsible for your use of the Service, the Software Client and the Content, and use them at your own risk. You agree not to post, upload, input, provide, submit, transmit, distribute or otherwise publish through the Service or the Software Client any of the following, all as determined by Company in its sole judgment:
User Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Material, you represent and warrant that you own all necessary rights, or have permission from the rightful owner(s) of the User Material, to post the User Material, and to allow Company to process and retransmit the User Material through the Service;
User Material that could constitute, encourage, aid or abet any criminal offense or enterprise, violate the rights of any party, or might otherwise create liability or violate any local, state, national, or international law, including but in no way limited to, the regulations of the Canadian Securities Administrators, the U.S. Securities and Exchange Commission, or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, including foreign equivalent;
User Material that is false, misleading, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of any entity’s rights of privacy or publicity, abusive, inflammatory, hateful, religiously, racially or ethnically offensive, unlawful or otherwise objectionable;
User Material that advertises products or services competitive with Company's product and service offerings;
User Material that contains unauthorized private information of any third party, including, without limitation, addresses, phone numbers, email addresses, etc.;
User Material that impersonates any person or entity, or otherwise misrepresents your affiliation with any person or entity, or is in any other way fraudulent in nature;
Unsolicited communications, advertisements, promotions or solicitations, including but not limited to junk-mail/spam, whether commercial or non-commercial in nature;
User Material containing or comprising viruses, Trojan horses, corrupted data or other harmful, disruptive or destructive code; and
User Material that, in the sole judgment of Company, is otherwise objectionable, or restricts or inhibits any other person from using or enjoying the Service or the Content, or that may tarnish Company’s image or brand, or may expose Company or its users to any harm or liability of any type.
Company a Limited Designee & Conduit
The Service, the Software Client and all Content, as they may be updated from time to time, including but not limited to trademarks, service marks, logos, and all text, designs, images, graphics, audio, video and other files, etc., and the selection and arrangement thereof, are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights held or licensed by the Company Businesses, or by third parties with whom it interacts.
You may not under any circumstances use, copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works of any portion of the Service, Software Client or Content without first obtaining written permission from Company, which it may grant or withhold in its sole discretion. Without limiting the generality of the foregoing statement: (i) you may not copy or display any portion of the Service, Software Client or Content on any computer network or publish or broadcast any portion of the Service, Software Client or Content in any media, and (ii) you may not modify the Service, Software Client or Content or any copyright, trademark or other proprietary notice associated therewith in any way.
No right, title or interest in any portion of the Service, Software Client or Content is transferred to you as a result of your use thereof, and (as between Company and you) Company hereby reserves all right, title and interest, including but not limited to all applicable intellectual property rights, in and to the Service, Software Client and Content.
Copyright Infringement Notification Procedure
If you believe that any material available on or through the Service violates your copyright, you may send Company a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
dentification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a complete list of all such works complained of at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity which is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material. Company requests complete URLs for each instance of such allegedly infringing material.
Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail 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 the law.
A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written copyright infringement notice must be sent to Company's designated copyright agent via mail or email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Company will terminate, in appropriate circumstances, account holders who it determines in its sole judgment are repeat copyright infringers.
Company’s designated copyright agent (“Copyright Agent”) may be contacted as follows:
Attn: Copyright Agent
P.O. Box 2740
Evergreen, CO 80437
By email: firstname.lastname@example.org
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service. The Copyright Agent will not address any other inquiries.
We welcome feedback from our users. However, any such comments, suggestions, ideas or other communications, together with any materials included therein and/or attached thereto, of whatever kind, whether audio, graphics, video, print or otherwise (collectively, "Feedback") submitted to any Company Business, independent of the method of communication, shall be and remain the exclusive property of Company or its designees. Submission of any such Feedback shall constitute an assignment to Company or its designees of all worldwide rights, title and interest in all copyrights and other intellectual property rights regarding the Feedback, and a waiver of any moral rights therein (to the maximum extent not prohibited by applicable law). Company and its designees shall be free to use, reproduce, disclose, publish and distribute any submitted materials for any purpose whatsoever, without restriction and without compensation of any kind. We therefore request that you not submit any Feedback that you do not wish to assign in full, including all embedded and attached materials. FOR AVOIDANCE OF DOUBT, REGULAR SUBMISSIONS OF USER MATERIAL THROUGH THE SERVICE FOR THE PURPOSE OF PROCESSING AND SUBMISSION TO THIRD PARTIES IS NOT INCLUDED WITHIN THE DEFINITION OF “FEEDBACK.” You are solely responsible for all User Material you submit, whether as Feedback or otherwise, and Company assumes no liability whatsoever for any User Material.
THE SERVICE IS OPERATED BY COMPANY ON AN "AS IS" BASIS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE COMPANY BUSINESSES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, THE CONTENT AND ASSOCIATED SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY BUSINESSES DO NOT REPRESENT OR WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE SERVICE, THE CONTENT OR ASSOCIATED SOFTWARE, OR OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION THIRD PARTY INFORMATION) PROVIDED THEREBY, OR THAT THE SERVICE, THE CONTENT OR ASSOCIATED SOFTWARE IS FREE OF VIRUSES, TROJANS OR OTHER HARMFUL CODE, OR WILL OPERATE WITHOUT ERROR OR INTERRUPTION.
THE COMPANY BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF THE SERVICE, THE CONTENT OR ASSOCIATED SOFTWARE, AND YOU UNDERSTAND AND AGREE THAT YOU USE THEM AT YOUR OWN RISK.
THE COMPANY BUSINESSES DO NOT ENDORSE OR MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY AND ALL SOFTWARE, PRODUCTS, SERVICES, DATA, WEBSITES AND OTHER CONTENT (INCLUDING WITHOUT LIMITATION THOSE OF THIRD PARTIES) WHICH YOU MAY ACCESS OR USE THROUGH THE SERVICE, OR AS A RESULT OF YOUR USE OF THE SERVICE, OR REGARDING ANY WEBSITE OR OTHER SERVICE WHICH YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE SERVICE. REFERENCES AND/OR LINKS TO OTHER PRODUCTS, SERVICES, DATA AND/OR WEBSITES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE.
APPLICABLE LAW MAY LIMIT OR DISALLOW THE DISCLAIMERS SET FORTH ABOVE, AND SO THESE DISCLAIMERS MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BUSINESSES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF OR INABILITY TO USE THE SERVICE, ITS CONTENT OR ASSOCIATED SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, INCLUDING BUT IN NO WAY LIMITED TO LOSS OF DATA, PROFITS OR ECONOMIC ADVANTAGE), WHETHER BASED ON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY BUSINESSES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES.
APPLICABLE LAW MAY LIMIT OR DISALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART.