Last Updated: November 8, 2012
Once you agree to the terms below, please see: Media Kit.
We’re a young company that is constantly evolving to better serve our users. This excitement about innovation trickles down to the Kits and, accordingly, to these Terms. This means that we may need, from time to time, to modify, add, or delete portions of these Terms. If we do, we will tell you by posting the changes on our website or otherwise communicating the changes to you. Your continued use of the Kits after any such changes have been made means you agree to the changes. We can also terminate these Terms and revoke your ability to use the Kits at any time by giving you notice. The same rule applies: if you don’t agree with the changes, you can’t use the Kits.
Limited License to Use the Kits
Of course, we are making the content in the Kits and the downloadable imagery available to you so you can use it. But because it’s our intellectual property, we give you the rights to use it only under certain terms and conditions. Here are the terms and conditions:
• You can use the Content only for its intended purpose: marketing our software applications. You can’t use the Content for any other purpose including for marketing any other products or products of our competitors.
• In using the Content, you’ll comply with all applicable advertising laws, and you’re solely responsible for ensuring that any Content we provide complies with all laws and regulations in your jurisdiction.
• In using the Content, you won’t make or insert any warranties or promises to customers or others on behalf of us.
• You won’t use the Content for any illegal activity.
• When accessing the downloadable media imagery, you won’t access, or attempt to access, any portion of our website that you aren’t authorized to access.
• You won’t interfere with or attempt to interfere with the proper working of the website hosting the Media Kit.
• You won’t circumvent, disable, or otherwise interfere with security-related features of the website hosting the Media Kit.
• You won’t distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information.
• Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of Content transmitted through our website.
Unless specifically requested, we don’t want to receive any confidential, proprietary, or trade-secret information from you about our Content (including via contact email made available on our website). And if we do receive it, we don’t want it to compromise our own intellectual property rights in or to the Content. Accordingly, if you send us any information, feedback, or creative works including, without limitation, business or marketing plans, text, photographs, graphics, videos, tutorials, other audiovisual content, demos, ideas, suggestions, concepts, methods, systems, designs, plans techniques or other material (“Feedback”) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable (through multiple tiers) right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, distribute, perform, display, and otherwise commercialize the Feedback for any purpose and in any media now known or hereinafter invented. If you send us any Feedback you also warrant that the Feedback is not confidential or secret and that the Feedback is owned entirely by you. You also warrant our exercise of the previously mentioned license will not violate or misappropriate the intellectual property rights of any third party.
You may terminate these Terms at any time by discontinuing all use of the Content. We may terminate these Terms at any time by providing notice to you. If these Terms end, you will destroy all Content that you have or that is under your control.
You will defend, indemnify, and hold us, our subsidiaries, parents, and affiliates harmless from: (i) your use of any Content and your access to the downloadable imagery, (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, trademark, trade secret, right of publicity, or privacy right related to use of any Content in your own marketing material. We may, however, participate and/or assume the defense of any such claims at our own expense and with counsel of our choice.
THE CONTENT IS PROVIDED ONLY FOR YOUR CONVENIENCE. SO, WE DON’T MAKE ANY REPRESENTATIONS AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF THE CONTENT. THE CONTENT MAY PROVIDE DETAILS OF OUR SERVICES AND PRODUCTS, BUT SUCH DETAILS DON’T MEAN THAT A GIVEN SERVICE OR PRODUCT IS AVAILABLE AT A SPECIFIC TIME. THE CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DOWNLOADABLE IMAGERY AND/OR THE CONTENT (AS APPLICABLE) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DOWNLOADABLE IMAGERY OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL WE (OR OUR SUBSIDIARIES, PARENTS, OR AFFILIATES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE DOWNLOADABLE IMAGERY, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR (OR OUR SUBSIDIARYS’ PARENTS’ OR AFFILIATES’) AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE CONTENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY), WARRANTY OR OTHERWISE, EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CONTENT OR THE DOWNLOADABLE IMAGERY MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR YOU WAIVE THE RIGHT TO BRING SUCH ACTION.
Venue and Jurisdiction
Any dispute arising out of these Terms will be governed by the laws of the United Kingdom not withstanding. Both of us consent to the exclusive venue and jurisdiction of English law.
These Terms create no agency relationship between us that would allow you to bind us to contracts or other legal commitments. If we waive a provision of these Terms once, such waiver does not create a course of dealing or imply that we waive the provision again in the same or in different circumstances.