Last Updated: August 23, 2016
By using the Services you agree to the Policies and if you are using the Services on behalf of a business entity then you agree to the Policies on behalf of yourself and such entity. If you do not agree with the Policies, then do not use the Services.
We may amend the Policies or any part thereof at any time by providing advance notice to you on the Website or through another communication channel. Your continued use after we provide the notice constitutes consent to the amendment(s) by you and your business entity, if applicable. If you do not agree to the amendment(s), then do not continue using the Services.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
1. Use of the Services
2. Content; Intellectual Property; and Copyright Policy
3. Disclaimers; Limitations of Liability; and Indemnification
1. USE OF AND PAYMENT FOR THE SERVICES
We will use commercially reasonable efforts to ensure the Services are up and running but we are not liable for any time during which the Services may be down. We may also modify, change, or remove, parts or all of the Services at any time. If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.
You may not do anything through the Services that is illegal or that diminishes our purposes or that will harm the Services including using bots or other automated systems. You may not use the Services if you are under 13, if we have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.
Payment for Services
We may charge users for access to the all or certain portions of the Services. If you sign up for a paid account, then we will automatically bill you from the date you sign up for that account and on each periodic renewal until cancellation. You will be responsible for all applicable taxes and we may charge tax when required to do so. You may cancel your paid account at any time but you won’t be issued a refund for the remainder of the period which you have already paid. If you fail to pay for the Services, then we may suspend or terminate your account. We may change the fees in effect but we will give you advance notice to you (such notice may be emailed to you).
2. CONTENT AND INTELLECTUAL PROPERTY
Intellectual Property Rights
All of the content in the Services and all of the software and website design/code is owned by us, licensed to us, or likely owned by another individual or entity and all of the same may be protected by copyright, trademark, patent, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for its intended purpose as outlined in the Policies.
If you submit any content to us through the site, you thereby represent and warrant that you have the lawful right to share that content with us and that you have the right to license the same to us and, further, you thereby grant us the right to use, distribute, and display, that content within the Services for your benefit and the benefit of other users and us. Notwithstanding the foregoing, we will not share your contact information or payment information expect as otherwise provided in these Policies.
We abide by the Digital Millennium Copyright Act (the “DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. Before sending either a Notice of Infringing Material or Counter-Notification, you should contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. Our Copyright Policy is intended to comply with our rights and obligations under the DMCA but does not constitute legal advice.
All correspondence regarding copyright should be sent to our copyright agent as follows: 416 E. 3rd St., Kansas City, MO 64106. Email correspondence regarding copyright matters may be sent to firstname.lastname@example.org.
To file a Notice of Infringing Material with us, send the following to our copyright agent: (1) Identification 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 representative list of such works at that site; (2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (3) Information reasonably sufficient to permit us to contact you, such as name, street address, telephone number, and, if available, an email address at which you may be contacted; (4) A statement that the complaining party has 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; (5) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (6) A physical or electronic signature, in a form reasonably acceptable to us, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notice of Infringing Material containing the information outlined above: we will remove or disable access to the material that is alleged to be infringing; forward the written notification to the alleged infringer (the “Alleged Infringer”); and take reasonable steps to promptly notify the Alleged Infringer that we have removed or disabled access to the material.
If material that has been posted to a site controlled or operated by us has been taken down as a result of a Notice of Infringing Material, then the party responsible for posting such material may make a Counter-Notification pursuant to the Digital Millennium Copyright Act. Please be advised that the party making a Counter-Notification may be held liable for damages if the party makes material misrepresentations pursuant to federal law in the Counter-Notification. When we receive a Counter-Notification, the material in question may be reinstated. To file a Counter-Notification, the party posting the material in question must provide a written communication (by postal mail, overnight mail, or attached in an email) that sets forth the following information: (1) Identification of the material that we removed or to which we disabled access and the location at which the material appeared before it was removed or access to it was disabled; (2) The responding party’s contact information (such as name, postal address, telephone number, and email address) and a statement of consent to the jurisdiction of the US District Court for the Western District of Missouri (or if your address is outside of the United States, to a judicial district in which we may be found), and that the responding party will accept service of process from the person who provided the initial Notice of Infringing Material or an agent of such person; (3) A statement that the responding party has a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (4) A physical or electronic signature, in a form reasonably acceptable to us, of a person authorized to act on behalf of the responding party.
Upon receipt of a Counter-Notification in substantial compliance with the DMCA, we will provide the party who provided the Notice of Infringing Material a copy of the Counter-Notification. After receipt of the Counter-Notification, we will generally replace the removed material and cease disabling access to it, unless our designated agent first receives notice from the person who submitted the Notice of Infringing Material that such person has filed an action seeking a court order to restrain the party from engaging in infringing activity relating to the material hosted for that project on a website controlled by us.
We may offer certain third parties to use data or other services provided by us through one or more APIs. If offered, your use of the same will be subject to these Policies and our policies related to the APIs, if any. If we offer any APIs, they will be deemed part of the “Services.”
3. DISCLAIMERS; LIMITATIONS; AND INDEMNIFICATION
THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SUBJECT TO THE FOLLOWING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT ON THE SERVICES. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIM ANY AND ALL IMPUTED WARRANTIES AND REPRESENTATIONS, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT AND OTHER MISUSE OF YOUR IDENTITY OR OTHER CONTENT. WE DO NOT MAKE ANY GUARANTEES REGARDING THE OPERATION OF THE SERVICES, PORTIONS OR ALL OF WHICH MAY BE UNAVAILABLE AT TIMES OR TERMINATED PERMANENTLY.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND/OR YOUR USE OF THE SERVICES. NEITHER US NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, LICENSORS, OR THE OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS OF ANY OF THE SAME (“AFFILIATES”) SHALL BE CUMULATIVELY LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICES, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED THROUGH THE SERVICES. SUBJECT TO THE OTHER LIMITATIONS IN THE POLICIES, OUR LIABILITY, IF ANY, AS WELL AS THE LIABILITY OF ANY OF OUR AFFILIATES, IF ANY, SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US OR OUR AFFILIATES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. FURTHER, ANY CAUSE OF ACTION OR CLAIM WHICH YOU MAY HAVE WHICH ARISES OUT OF OR RELATES TO THE POLICIES OR THE SERVICES, MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY; WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.
You shall save, indemnify, and hold us and our affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third party claims, charges, and investigations, caused by your failure to comply with the policies, including without limitation, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services, and any activity in which you engage on or through the Services.
Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.
You agree that any dispute or claim which you may have which is related to the Services shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). If you have a claim, you should send a letter requesting arbitration and describing your claim to our registered agent on file with the Missouri Secretary of State.
The rules of the American Arbitration Association shall apply to the arbitration, but we are not required to use such association to conduct the actual arbitration. All arbitrations shall be held in Jackson County, Missouri.
You agree that disputes and claims will be conducted and resolved on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds to a court, then we each waive any right we may have to a jury trial.
Notwithstanding the above, we may bring suit in a court to enjoin infringement or misuse of intellectual property or confidential information.
You may only terminate this agreement with us by suspending your use of the Services and delivering written notice to us of your termination. However, you will remain liable for any damage you caused or may later cause to us or the Services. Notwithstanding the foregoing, you may terminate your account and payments to us as provided above.
Except as otherwise expressly provided in another written agreement between you and us, we may terminate this agreement with you, or any portion thereof, or suspend your access to the Services or any portion thereof, for any reason or no reason, at any time, with or without notice to you. Such termination or suspension may be immediate or may be at a future date. We may also restrict or prohibit future use of the Services by you.
Upon termination of this agreement, you shall immediately cease using the Services.
This agreement and all of our Policies are governed by and construed in accordance with the laws of the State of Missouri, United States of America, without giving effect to the principles of conflict of laws of such state, and applicable U. S. federal law. Except as contemplated under the arbitration provision above, for any dispute arising out of or relating to this Agreement, the parties consent to personal jurisdiction in, and the exclusive venue of, the courts in Jackson County, Missouri, and the United States District Court for the Western District of Missouri.
Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: 416 E. 3rd St., Kansas City, MO 64106. You may send informal communications to us via email at email@example.com.
We may assign the Policies to any third party and all covenants and agreements hereunder will inure to the benefit of and be enforceable by said successors or assigns. You may not assign your rights or obligations under the Policies without our prior and express written consent.
The failure or delay by us to exercise any right or remedy set forth in the Policies will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
Last Updated: August 23, 2016
When you use the Services you are voluntarily providing us with certain information about you, certain portions of the Services will require you to provide us with additional information which may allow us to identify you as a specific user and/or an individual. If you do not want to provide such information to us, then do not use the Services.
1. Information We Collect
2. How Your Information is Used
3. Your Choices Regarding Your Information
1. INFORMATION WE COLLECTION
User Information and Content
2. HOW YOUR INFORMATION IS USED
By using the Services you consent to the following described uses of your information.
User Information and Content
By providing your information to us you acknowledge that your information may be used by us to identify you.
We may also use your information to customize the Services for you and to enhance your experience in using the Services, including sharing your information with affiliates and contractors to provide the Services to you. However, we take the privacy of our users very seriously, and we do not sell, rent, or otherwise provide your personally identifiable information to third parties, except as described in the Policies. Notwithstanding the foregoing, we may share said information, and you consent to the same, when disclosure is reasonably necessary in our opinion to comply with legal process or to enforce the Policies.
We may use your information to communicate with you using various means including email, notices through the Services, and through other means. If you provide us with information to allow us to connect with you using your mobile device, then you will be responsible for any charges that you carrier may bill to you as a result of such communications.
We may use information collected about you to serve more customized ads to you when you use the Services and you consent to the same.
Compliance with Legal Process
We may need to disclose your information, including personally identifiable information, and information about your use of the Services, when required by subpoena or other legal process, or if we have a good faith belief that disclosure is necessary to enforce the Policies or to investigate or prevent illegal or immoral actions.
We will use reasonable efforts to maintain your information while your account is active, but we do not guarantee that we will retain everything, or anything. We may also retain your information as necessary to comply with our legal obligations. We do not have any obligation to maintain your information after your account is terminated, but we may, at our election, do so.
3. YOUR CHOICES REGARDING YOUR INFORMATION
Some of the information and content you supply to your account may be changed or deleted by you in your account settings. Even if you change or delete such information or content, we may retain the previous versions of the information or content in accordance with the Policies. You may request that we delete your information or content from your systems, but we do not have any obligation to honor such request. If you terminate your account in accordance with the Policies, then we will use reasonable efforts to remove your information and content from the sections of the Services that allow other users to see and contact you. However, any information or content which you shared with other users may be accessible by other users and other website visitors even after you terminate your account and/or remove your information or content.
We take the security of the Services and your information seriously. We will use commercially reasonable efforts to protect your information, especially your personally identifiable information and payment information. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. Further, it is your responsibility to protect the security of your login information and credentials.