Terms of Service
- Acceptance of the Terms of Service
Please read the Terms of Service carefully before you start using Dataherald, because by using the Platform you accept and agree to abide by and be bound by these Terms of Service.
Should you disagree with any of the provisions herein, please stop using the Platform and contact us at firstname.lastname@example.org.
- Changes to the Terms of Service and the Platform
Dataherald is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Platform and these Terms of Service from time to time, at our discretion. Your continued use of the Platform following the publishing of updated Terms of Service means that you accept and agree to any changes.
- Accessing the Platform, Security, and Privacy
We are working hard on improving Dataherald, but we can't guarantee that the Platform will be up and running 24/7. We also reserve the right to suspend or restrict access to features to users. We will not be liable if, for any reason, all or part of the Platform is unavailable, nor for any data loss (see also section 7 below).
As part of our security procedures, to access certain features of the Platform you have to register with us by entering your email address and choosing a password, or by registering with your Facebook, Google, and/or Twitter credentials.
In order to use the Platform, you must provide us with correct and current information. In the future, you may be asked to provide certain registration details or other information. We reserve the right to disable any user account at any time at our sole discretion for any or no reason, including if in our opinion you have failed to comply with any provision of these Terms of Service.
We do not guarantee that the Platform or any content provided on the Platform is error-free.
The Platform is not intended for children under 13 years of age. No one under age 13 may provide any Personally Identifiable Information to or through the Platform. We do not knowingly collect Personally Identifiable Information from children under 13. If you are under 13, do not use or provide any information on or through the Platform. If we learn we have collected or received Personally Identifiable Information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
- Intellectual Property Rights and Use Guidelines.
The Platform and its original content, features, and functionality are owned by Dataherald and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish, any of our copyrighted material, except to the extent permitted by Dataherald. If you have any doubt about whether and how to use material on the Platform, please address your concerns to: firstname.lastname@example.org.
For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform. For the purposes of these Terms of Service, "Content" also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Platform by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Platform is or will continue to be accurate.
By submitting User Content through the Platform, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Platform and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Platform a non-exclusive, perpetual license to access your User Content through the Platform, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Platform. We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Platform.
You are permitted to use the Platform for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Platform in any manner, or violating the Content Standards set below. No right, title, or interest in or to the Platform or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
The Platform may contain Content specifically provided by us, our partners, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
- User Contributions and Content Standards.
Dataherald contains user generated Content, and also may contain interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Platform. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Not give the impression that the Content emanates from us or any other person or entity, if this is not the case.
- Not be used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!
Certain aspects of our Platform may be subject to payments now or in the future, including when you choose to make a donation (a “Donation”) to an offered 501(c)(3) charity or 501(c)(4) (a “Charity”). We may charge a fee for facilitating the transaction, which may be deducted from your Donation, and the Payment Processor (defined below) will also retain a transaction fee for facilitating the transaction. The Publisher website from which you made the donation may also receive a fee for facilitating the transaction. Except for these fees, the remaining money you donate to a Charity though the Platform will be distributed to that Charity. Please note that any payment terms presented to you in the process of making a Donation are deemed part of this Agreement.
- Special Disclaimer for Legal Content.
User Content is not intended to be legal advice nor form an attorney-client relationship among Users, nor between User(s) and Dataherald. Use of Dataherald should never be understood to be replacing the use of a qualified attorney, and Dataherald’s relationship to all documents and transactions completed using the Platform is that of a trusted, disinterested third party.
- Law and Copyright Infringement.
We do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- Information reasonably sufficient for us to contact you, such as email, address, telephone number.
- 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 notification 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.
- The notice should be addressed to email@example.com, or via snail mail to DMCA Designated Agent, c/o 1161 Mission Street, San Francisco, CA 94103.
- Accessing and Disclosing Information to Prevent Harm.
We reserve the right to access, preserve, and share your information with regulators, law enforcement, or others:
- In response to a legal request (like a search warrant, court order, or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
- When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights or property), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
We reserve the right to access and preserve information we receive about you for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also reserve the right to retain information from accounts disabled for term violations for at least a year to prevent repeat abuse or other term violations.
You agree to waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
- Limits on Liability; Indemnification.
Your use of Dataherald is at your sole risk. The service is provided "as is" and "as available." To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Platform. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Platform, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Platform will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Platform. Because the Platform is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.
- Geographic Restrictions.
For now, we provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible, appropriate, or legal outside of the United States. If you access the Platform from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Governing Law and Jurisdiction.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Platform ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- We always appreciate your feedback and other suggestions about our products and services. We welcome any comment, question, and communication at firstname.lastname@example.org. But you should know that we may use your feedback and suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.