Your use of the website www.colabo.com (including its sub-domains, Content, Marks, and services, the "Site") and any software that you may access through the Site ("Software", and together with the Site, the "Service") is subject to this Terms of Service ("Terms"). Please read the following Terms carefully before accessing or using the Service so that you are aware of your legal rights and obligations with respect to Colabo Inc. ("Colabo", "we", "our" or "us").
Description. The Service is intended to help you manage your use of a large number of third party websites ("Third Party Sites") and your data that is spread across them ("Data").
Age Requirement. The Service is not intended for individuals under 13. If you are: (i) under 13, please do not access or use the Service; or (ii) between the ages of 13 and 18, then you must review these Terms with your parent or guardian, prior to accessing or using the Service, to make sure that you and they understand its terms and conditions and agree to them.
Subscription to the Service. Subject to these Terms, Colabo grants you, and you accept, a non-exclusive, non-transferable right to access and use the Service, but solely for your personal and/or internal business purposes.
Account. In order to use the Service, you must create an account ("Account"). You agree: (i) not to create an Account for anyone else, or to use someone else's account, without their express permission; (ii) to provide accurate, current and complete account and log-in information; (iii) to keep your Account password confidential and secure at all times; and (iv) to notify us immediately in writing if you become aware of any unauthorized access or use of your Account or the Service. You are solely responsible and liable for the activity that occurs in your Account. You may request to suspend or cancel your Account at any time by sending us an email request to email@example.com.
Restrictions. You agree at all times to comply with these Terms and applicable law and shall not: (i) permit any third party to access or use the Service; (ii) copy, distribute or modify any part of the Service without our prior written authorization or as permitted herein; (iii) link to, or import data from, a Third Party Site (defined below) account of any third party (for example, the Twitter account of another person); (iv) invade the privacy rights of any other Service user or third party; (v) transmit or upload any User Submission (defined below) which contains software viruses, or other harmful computer code, files or programs; (vi) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content (defined below) or that enforce limitations on use of the Service; (vii) modify, create a derivative work of, reverse engineer, decompile or disassemble the Service, or any part thereof; (viii) remove, deface, obscure, or alter Colabo's, or any third party's, copyright notices, trademarks, or other proprietary rights notices affixed to or provided as part of the Service; (ix) except as expressly permitted herein, use any robot, spider, scraper, or other automated means to access the Service for any purpose; (x) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Service; (xi) take any action that imposes or may impose (as determined by us) an unreasonable or disproportionately large load on the Colabo infrastructure; (xii) disrupt or overload servers or networks connected to the Service; (xiii) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (xiv) use the Service for benchmarking purposes or to develop any software, product or service that is the same as, substantially similar to, or competitive with, the Service; (xv) use the communications systems provided by the Service to send unsolicited or unauthorized commercial communications; and/or (xvi) use the Service for any unlawful, harmful, irresponsible, or inappropriate purpose. If you are the operator of a public search engine (such as Google, Yahoo, or Bing) we grant you permission to use automated means to copy Content from the Site for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such materials.
Hardware and Internet. In order to access and use the Service: (i) you require certain hardware and software, as displayed at Tutorial (PDF); and (ii) you must be connected to the Internet. You are solely responsible, at your expense, for obtaining Internet connectivity and complying with the minimum hardware and software requirements.
Credentials. Colabo may store your credentials for a particular website or service (if you explicitly share these credentials with Colabo via a configuration screen) and use it to access that website or service for your benefit, including, without limitation, to automate certain actions which would otherwise be manual.
License. You hereby authorize us to store, use, modify, upload, display and copy the Data in connection with providing the Service to you. You represent and warrant that: (i) you own or have obtained the right to all Intellectual Property Rights (defined below) subsisting in the Data, and you have the right to provide us the license granted herein to such Data; and (ii) the Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property rights, or misappropriate the trade secret, or violate the privacy rights, of any third party. As between you and Colabo, you retain exclusive ownership of the Data and shall remain solely responsible and liable for the Data. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
Storage and Backups. You acknowledge that: (i) the Service does not operate as an archive or file storage service; (ii) in any event, we do not store all of the Data that you may generate during your use of the Service; (iii) you will lose access to any Data that your delete; and (iv) you are solely responsible for the backup of your Data.
Intellectual Property Rights. The (i) Service, including its software, interactive features, and services; (ii) content on the Service, including without limitation, the text, documents, descriptions, products, graphics, photos, sounds, videos, ("Materials"); (iii) User Submissions, as defined below (collectively, the Materials and the User Submission: the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of Colabo and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site and the Content. "Colabo", the Colabo logo, and other marks are Marks of Colabo or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service is accurate, complete, reliable, current, or error-free. We reserve the right, in our sole discretion and at any time, to remove or make changes to the Content, or any part thereof, without needing to give any prior notice.
Your Use of Content. The Content on the Service is provided for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever (including without limitation for any commercial purpose or for consideration of any sort) without Colabo's prior written consent. If you use, copy, download, or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
General. The Service permits the submission, hosting, sharing and publishing of Materials by you and other Users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Colabo to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms. You retain all of your ownership rights in your User Submissions.
License. By submitting the User Submissions to Colabo, you hereby grant Colabo a free, worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service and Colabo's business, including without limitation for redistributing part or all of your user Submissions (and derivative works thereof), and you hereby waive any moral rights in your user Submissions, to the extent permitted by law. You also hereby grant each visitor and user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, discriminatory, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; and/or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Service: (i) you will be exposed to User Submissions from a variety of sources, and that Colabo is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Colabo with respect to (i) and (ii) herein.
Modification to/Deletion of a User Submission. You may request to modify or delete any User Submission that you posted on the Service by sending us an email to firstname.lastname@example.org.
Spam. You agree to only use the Service to send commercial communications to recipients who have consented as required by applicable law. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Links and Posting User Submissions to Third Party Websites.
From Third Party Websites. Colabo permits you to link to the Service provided that: (i) you link to, but do not replicate, any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Colabo or present any false information about Colabo and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own or have permission to use; and/or (v) your website does not contain content that is unlawful, offensive, controversial (all in our sole discretion), infringes any intellectual property or other rights of any person, or would be a breach of these Terms.
Payments. Certain uses or features may only be available to you if you pay the relevant fee as published on the Service.
Term. These Terms shall become effective on the date that you first access or use the Service. These Terms shall continue in full effect until terminated, as set forth below.
Disclaimer of Warranties.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
COLABO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COLABO DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. WE DO NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT COLABO WILL NOT BE LIABLE OR HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM: (I) TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, OR (II) SERVICE INTERRUPTIONS CAUSED BY ONE OF YOUR SERVICE PROVIDERS.
COLABO DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT COLABO SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY USER IN CONNECTION WITH THE SERVICE OR ANY USER SUBMISSION, YOU AGREE THAT COLABO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. COLABO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COLABO SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF DATA) ARISING OUT OF THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COLABO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COLABO FOR ANY DAMAGES ARISING UNDER THESE TERMS, OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO COLABO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO BRINGING THE CLAIM.
Indemnification. You agree to defend, indemnify and hold harmless Colabo and our affiliates, and our respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (i) your use of the Service; (ii) your breach of any Third Party Site terms and conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your breach of these Terms and/or applicable law; and/or (v) any claim that one of your User Submissions caused damage to another User or a third party.
Support and Revisions. We are not obligated to maintain or support the Service. However, we may from time to time choose to provide updates or upgrades to the Service (each a "Revision"). Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Service. All references herein to the Service shall include Revisions, and these Terms shall govern any Revisions that replace and/or supplement the original Service, unless any such Revision is accompanied by separate terms and conditions which govern the Revision.
Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or (v) protect the rights, property or safety of Colabo, its users or the public.
Advertisements. The Service may display advertisements not operated by Colabo. We have no control over the content of any advertisements. The existence of an advertisement shall not be construed as an endorsement by Colabo of the advertisement or its content.
Copyright and Content Policy. It is Colabo's policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy, which is available at: www.colabo.com/copyright ("Copyright Policy")
Export Controls. The Service may not be used or exported in violation of any applicable laws or regulations (including without limitation any United States or United Nations trade restrictions and United States export regulations).
Government Use. If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item", "commercial computer software" and "commercial computer software documentation". In accordance with such provisions, any use of the Software by the Government shall be governed solely by these Terms.
Assignment. These Terms may not be transferred or assigned by you, but may be transferred or assigned by us without restriction.
Modifications. We reserve the right to modify the Site Terms at any time by publishing the revised Site Terms on our Site at www.colabo.com and/or sending you an email of the modified version to your designated email account. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Service thereafter means that you accept those changes.
General. The Site Terms represents the complete agreement concerning the Service between you and Colabo and supersedes all prior agreements and representations related to the subject matter hereof. The section headings herein are provided for convenience only and have no substantive effect on construction. The Site Terms shall be governed by the laws of the State of California, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes hereunder shall be the competent courts located in San Mateo County, California, and each party irrevocably consents to the jurisdiction of such courts. Notwithstanding the foregoing, we reserve the right to seek equitable relief, including an injunction, to enforce the Site Terms in any venue and court of competent jurisdiction. If any provision herein is held to be unenforceable, the Site Terms shall be construed without such provision. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by the waiving party. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party's right to exercise such right or any other right in the future. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.