Springpad Terms of Service
Acceptance of Terms
Welcome to the Springpad website. We appreciate the fact that you have elected to access our website and use the services provided on the website and through our related mobile applications. As is the case with almost all websites and mobile application, your use of this website and related mobile applications is subject to certain legal terms that will protect both you and us. By using our website and our related mobile applications, you indicate your acceptance of the following Terms of Service and our Privacy Policy. Please read the following Terms of Service and our Privacy Policy carefully, as they may have changed since your last visit. These Terms of Service and our Privacy Policy apply to all online services and features unless otherwise indicated.
Scope of Service
Spring Partners, Inc. ("Springpad" or "we"), maintains this website and makes available its related mobile applications as a service to the user community that visits the site and uses the mobile applications subject to these Terms of Service. The term "website" includes all services and features available on www.Springpadit.com and on each of their respective sub- domains, as well as all services and features available through any related mobile application. Users of this website and any related mobile application ("you") are responsible for obtaining any equipment and Internet and phone service necessary to access our services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this website or support for any mobile application, in whole or in part, at any time and for any reason, without notice. The website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Content
Subject to these Terms of Service, Springpad hereby grants to you a personal, non-transferable, non-exclusive right to access and use the Content of this website or available through one of our mobile applications subject to these terms and conditions. The term "Content" means all information, text, images, trademarks, logos, data, links, software, or other material accessible through the website or a mobile application, whether created by us or provided by another person for display on the website or through one of our mobile applications.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through one of our mobile applications, subject to the following conditions:
The Content may be used solely for internal informational purposes. No part of this website, a mobile application of ours or any Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
The Content may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website or through one of our mobile applications, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this website.
Content Submitted by Users
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Accuracy
You may use this website and our mobile applications without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
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Liability
We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our website or mobile applications. We do not prescreen information posted through our website or mobile applications. With respect to such Content, we act as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users through our website or mobile applications are those of the respective author(s) or distributor(s) and not of Springpad. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this website or through our mobile applications is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this website or through our mobile applications.
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Monitoring
We have the right, but not the obligation, to monitor Content submitted to our website through or through our mobile applications, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted by you to this website or through our mobile applications. Without limiting the foregoing, we have the right to remove any material that Springpad, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this website or through our mobile applications.
Intellectual Property Rights
You will retain all ownership rights to any Content you submit or make publicly available for inclusion in the Springpad service ("User Submitted Content"), and we are not obtaining ownership rights to any of your User Submitted Content. We do, however, need you to grant us certain rights in the User Submitted Content, so that we can incorporate such User Submitted Content in our services. Without such rights we may be violating copyright and other laws by storing, posting, backing up and allowing the download of your User Submitted Content on our website or through our mobile applications. The rights that we need from you include the right to reformat and add links to your User Submitted Content so that we can present it in a user friendly format, and such reformatted or enhanced material is considered a "derivative work" under the copyright laws.
User Submitted Content will be designated as "Private" ("Private User Submitted Content") or "Public" ("Public User Submitted Content"), and you have the right to change such designation or remove the User Submitted Content from our website at any time. Unless you elect to enable others to view or have access to the Private User Submitted Content you submit to our website or through our mobile applications, no one else should see your Private User Submitted Content without your consent. By submitting Public User Submitted Content, you are enabling each of the permitted users of the Springpad service access to use, display, perform, distribute and modify your User Submitted Content. In order to enable us to store and backup any User Submitted Content submitted to us through the website or through our mobile applications and to display such User Submitted Content on our website or through our mobile applications (subject to the limitations on access by third parties set forth in this paragraph with respect to Private User Submitted Content), you grant us a world-wide, royalty-free, non-exclusive license to use and reproduce such User Submitted Content, and to create derivative works from such User Submitted Content to enable us to reformat and enhance the presentation of such User Submitted Content. In addition, in order to enable us to publicly display the Public User Submitted Content on our website, you also grant us a world-wide, royalty-free, non-exclusive license to distribute and publicly display on our website or through our mobile applications the Public User Submitted Content submitted to us through the website or our mobile applications. The license to reproduce and create derivative works from, such User Submitted Content shall remain in effect until you remove or we delete the User Submitted Content from our systems. The license to distribute and publicly display the Public User Submitted Content shall remain in effect until you change the designation of such Public User Submitted Content to Private User Submitted Content or until you remove or we delete the User Submitted Content from our systems.
Unless otherwise noted, all Content (other than User Submitted Content) contained on this website or our mobile applications is the property of Springpad and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Prohibited Conduct
By accessing our website or our service through our mobile applications, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our service to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Springpad.
Use a name or language that Springpad, in its sole discretion, deems offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another's copyright, trademark or trade secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
Introduce viruses, worms, Trojan horses and/or harmful code to the website.
Obtain unauthorized access to any computer system through the website.
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
Children
This website is not intended for children under age 13. We do not knowingly solicit personal information regarding children under age 13.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Please contact Spring Partners' Copyright Agent for Notice of Claims of copyright infringement at: info@springpadit.com
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this website or our mobile applications who are repeat infringers.
Security
When you register to participate in our service offered on this website or through our mobile applications, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
Disclaimer of Warranty
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on this website or provided through our mobile applications. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website or one of our mobile applications. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
All text, images, and other information on or accessible from this website or provided through our mobile applications are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Springpad does not warrant that: (i) the information available on this website or provided through our mobile applications is free of errors; (ii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this website or through our mobile applications will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) this website or the server(s) that makes it available are free of viruses or other harmful components.
Limitation of Liability
In no event shall Springpad be liable to any user of this website or of our mobile applications or any other person or entity for any direct, special, incidental, consequential, exemplary or other indirect damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if Springpad has been advised of the possibility of such damages or losses.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
By using this website or our mobile applications, you agree to indemnify, hold harmless and defend Springpad from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this website or our mobile applications.
Links to Third-Party Websites
This website may contain links to non-Springpad websites that are provided to you as a convenience. Any outside website accessed from our website is independent from Springpad, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such non-Springpad websites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Springpad of that third party or of any product or service provided by a third party. Likewise, a link to any non-Springpad website does not imply that we endorse or accept any responsibility for the content or use of such a website.
Jurisdictional Issues
We make no representation that information on this website or through our mobile applications is appropriate or available for use outside the United States. Those who choose to access this website or use our mobile applications from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
Termination
We may terminate any user's access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website.
Enforcement
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.
Severability
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Terms of Service, please contact info@springpadit.com
