CurateHub Terms of Service
This CurateHub Terms of Service is effective June 27, 2012.
Last modified: August 22, 2012
Welcome to CurateHub!
Thanks for using our Product (“Product”). The Product is provided by LaunchBit Inc. (“LaunchBit”), located at 547 Sullivan Drive; Mountain View, CA 94041, United States.
Our Product permits you to create a curated document of various websites you deem of interest (“Document”) and to distribute the Document in an email form (“Your Content”). By using our Product, you are agreeing to these terms. Please read them carefully. By selecting the correct box at the end of this Agreement and typing “I Agree” or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement.
Using our Product
You must follow the policies made available to you within the Product.
We grant you a limited, non-transferrable, non-exclusive, non-sublicensable, terminable right and license to use our Product, without the right to create derivative works from the Products. Don’t misuse our Product. For example, don’t interfere with our Product, or try to disassemble, decompile, or reverse engineer them, or access them using a method other than using the interface and the instructions that we provide. You may use our Product only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Product to you if you do not comply with our terms or policies or if we are investigating suspected misconduct, at any time and in our sole discretion. You are granted solely the right to use the Product. You do not have any ownership rights in the Product nor in the intellectual property rights in the Product, nor the content you access using our Product. You may not use the content accessed by our Product unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos accessed by our Product. Don’t remove, obscure, or alter any legal notices displayed in or along with our Product.
By using our Product you agree to pay the amount we agree to, or in the alternative, in our sole discretion, to permit us to place advertisements of our choice in Your Content and to distribute Your Content to your customers (“Services”).
Using our Services
You must follow the policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
You will need either a CurateHub Account or an account with our distributor (“collectively: “Your Account”) in order to use our Product and our Services. You may create Your Account, or Your Account may be assigned to you by an administrator, such as your employer. If you are using a Your Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
You hereby grant LaunchBit and CurateHub the right to access Your Account and to access all information in Your Account including but not limited to identity of your customers (“Customers”), who will receive Your Content (including their personal information such as email address and profile) (“Customers Info”), and including but not limited to open rates, click through rates etc. We may also place a cookie or similar tracker in Your Content to collect such Customer Info from your Customer. You grant LaunchBit and CurateHub the right to compile any and all additional information (”Additional Info”) either by itself or from third party sources regarding Customers, in order to to create a better Service. We will not store any of the Customer Info accessed from Your Account. However, we may store the (“Additional Info”) in an anonymized manner.
We rely on you to have all necessary rights from your Customers regarding the Customer Info and our right to access that information and to compile the Additional Info. Make sure you have all the necessary rights and permissions to grant us this right. You agree to defend, indemnify and hold LaunchBit and CurateHub , its parent, subsidiaries and affiliates and respective directors, officers and employees, its suppliers and distributors, from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding based upon any claim that is a breach of the rights granted herein.
Modifying and Terminating our Product and Services
We are constantly changing and improving our Product and our Services. We may add or remove functionalities or features, and we may suspend or stop a feature in the Product and our Services altogether.
You can stop using our Product at any time, although we’ll be sorry to see you go. LaunchBit may also stop providing Product to you, or add or create new limits to our Product at any time.
Your Content in our Services
When you create Your Content, you grant CurateHub and LaunchBit (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. You also agree that CurateHub and LaunchBit may use your trademark or logo on its website or other public locations, for the limited purpose of marketing.
We rely on you to have all necessary rights to Your Content and from your Customers that you grant CurateHub and LaunchBit the worldwide license described above. Make sure you have the necessary rights to grant us this license for Your Content that you submit to our Services. You agree to defend, indemnify and hold CurateHub and LaunchBit, its parent, subsidiaries and affiliates and respective directors, officers and employees, its suppliers and distributors, from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding based upon any claim that is a breach of the license granted herein.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Our Warranties and Disclaimers
We provide our Product and Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Product and Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LAUNCHBIT (INCLUDING CURATEHUB) NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCT OR THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE PRODUCT OR SERVICES, OR THE RELIABILITY OF THE PRODUCT, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCT AND THE SERVICES “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE EXCLUDE ALL WARRANTIES. NEITHER LAUNCHBIT NOR CURATEHUB REPRESENTS OR WARRANTS THAT THE PRODUCT OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT OR SERVICE IS WITH YOU.
Liability for our Product and Service
WHEN PERMITTED BY LAW, LAUNCHBIT AND CURATEHUB, AND THEIR SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LAUNCHBIT AND CURATE HUB, AND THEIR SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT OF U.S. ONE DOLLAR ($1.00)
IN ALL CASES, LAUNCHBIT, INCLUDING CURATEHUB, AND THEIR SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Product and Services
If you are using our Product and Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify LaunchBit including CurateHub) and their affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Product and Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to the Product and Services, for example, reflect changes to the law or changes to our Product or Service. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Terms of Usage. Changes will not apply retroactively and will become effective no sooner than ten (10) days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for Usage, you should discontinue your use of the Product.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between LaunchBit and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between LaunchBit and CurateHub and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Product or Service. All claims arising out of or relating to these terms or the Product or Service will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and LaunchBit and CurateHub consent to personal jurisdiction in those courts.
Email hello [at] curatehub [dot] com for more information.