Terms of Service

Updated and effective as of December 7, 2017

 

OVERVIEW

 

Alethiex, Inc., Alethiex, and their affiliates, subsidiaries, directors, officers, and employees, (collectively, “Alethiex,” the “Company,” “we,” “us,” or “our”) operate the website located at alethiex.com and other related websites, subpages, subdomains, mobile applications, content, offerings, information, tools, interfaces, products, software and services (including any software provided that allows you to access such websites and mobile applications from a computer or mobile device) with links to these Terms of Service (collectively, the “Site”).

 

Please read these Terms of Service carefully before accessing, viewing, or using our Site. By accessing, viewing, or using the Site or any part of it, including by signing up or registering for an account or by using or accessing any of the services provided on our through the Site (the “Services”), you agree to be bound by these Terms of Service, our Privacy Policy (as defined below), and to all other terms, conditions, policies, and notices that appear on the Site, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (including our Client Terms and Conditions (“Client Terms”) and/or one ore more End-User License Agreements (“EULA”), if applicable) (collectively, these “Terms of Service”).

 

As a user of the Services, you may also be subject to our Client Terms and/or one or more EULA, the terms of which are available on our Site. It is your responsibility to review, accept and agree to be bound by the terms of such agreements, terms and policies to the extent applicable to you and your use of the Services. If the terms hereof conflict with any applicable provisions of the Client Terms or any EULA, such terms of the Client Terms or EULA, as applicable, shall control.

 

These Terms of Service are a legal contract between the Company and you. If you do not wish to be bound by these Terms of Service or if you do not agree with all of the terms and conditions in these Terms of Service, you may not use the Site or the Services. Acceptance by you of these Terms of Service and agreement to be bound hereby is expressly conditioned upon your assent to all of the terms and conditions in these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, clients and merchants, whether or not a user has registered for an account, uploaded or submitted any Content (as defined below), or paid for or received any product, service or offering on the Site or used any of the Services.

 

Any new features, offerings, information, tools, software or services that are added to the Site shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on the Site, available at alethiex.com/terms_of_service.

 

We reserve the right in our sole discretion to update, change or replace any part of these Terms of Service by posting updates and/or changes to these Terms of Service on our Site. Although we may attempt to notify you when major changes are made to these Terms of Service, it is your responsibility to periodically review the most up-to-date version of our Terms of Service posted to our Site. Your continued use of or access to the Site following the posting of any updates or changes constitutes acceptance of those updates or changes.

 

PRIVACY POLICY

 

The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (available at alethiex.com/privacy), which explains how we collect, use, store, retain, and disclose your information. When you access the Site or use the Services, you signify your agreement to this Privacy Policy, which is incorporated herein by reference. Any information that you upload to the Site or any other Submitted Content (as defined below) submitted in connection with your use of the Site or the Services is subject to our Privacy Policy.

 

GENERAL USE OF THE SERVICES – PERMISSIONS AND RESTRICTIONS

 

The Company hereby grants you permission to access, view and use the Site and the Services in accordance with these Terms of Service, provided that you agree that you will not, under any circumstances:

 

1. distribute in any medium, publicly display, publicly perform, communicate to the public, or create derivative works from any part of the Site or the Services without our prior written authorization, unless the Company makes available the means for limited distribution through functionality offered on the Site or through the Services;

 

2. alter, copy, modify, reverse engineer, reproduce, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit the Site or any Services, except as permitted by these Terms of Service;

 

3. access Content through any technology or means other than as provided for on the Site or through the Services;

 

4. use the Site or the Services for any commercial uses without our express written approval, including selling access to the Site or the Services in any way;

 

5. use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site or the Services in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; provided, however, that the Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole and limited purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; provided, further, that the Company reserves the right to revoke these exceptions either generally or in specific cases.

 

6. use any software, technology, or device to collect, scrape, crawl, manipulate or harvest any personally identifiable information or other data, including account names, from the Site or the Services;

 

7. use any communication systems provided by the Site or the Services (e.g., comments, email, sharing functions) for any commercial solicitation purposes, or solicit, for commercial purposes, any users of the Site with respect to any of their Submitted Content;

 

8. transmit any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;

 

9. attempt to harass, abuse or harm another person or group;

 

10. use another user’s account without permission or impersonate another person;

 

11. provide false or inaccurate information when registering for a user account, or interfere or attempt to interfere in any way with the proper functioning of the Site or the Services;

 

12. upload, submit, transmit, post or link to malicious content intended to damage or disrupt another user’s browser or computer;

 

13. attempt to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, the Services or the Content therein; or

 

14. use the Site or the Services for any unlawful purpose or for the promotion of illegal activities.

 

A breach or violation of any of the above terms or any of the terms and conditions in these Terms of Service may, at our sole discretion, result in an immediate termination of your access to the Site and the Services. We reserve the right to refuse Services to, or to terminate access to the Site and the Services to, anyone for any reason at any time, or to discontinue any part of the Services or all of them at any time.

 

SUBMITTED CONTENT

 

All software, scripts, technology, designs, materials, information, communications, opinions, records, messages, comments, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, sounds, music, videos, photos, images, audiovisual combinations, reviews, ideas, applications, Site functionality, interactive features, widgets, buttons, labels, suggestions, proposals, data, files or other copyrightable or non-copyrightable materials or content, including the selection, arrangements, functionality, processes, methods and user experiences in respect thereof is “Content.” Where the Company provides Content to you through or on the Site or in connection with the Services, including, without limitation, the Site, it is “Company Content.” Content submitted, uploaded, transmitted, posted or otherwise made available on or through the Site or the Services by any user is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws.

 

You shall be solely responsible for your own Submitted Content, including its legality and appropriateness, and the consequences of submitting and transmitting your Submitted Content on the Site and through the Services. You affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to transmit any Submitted Content you transmit, upload, post, share or submit.

 

You further agree that none of your Submitted Content will contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled and authorized to transmit the material and to grant the Company all of the license rights granted by you herein. The burden of determining whether any material is protected by any such right, or whether you have the authority to grant such license, is on you.

 

We may, but have no obligation to, monitor, edit, remove and elect not to transmit to Third Party Applications any Submitted Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service, or for any other reason we deem reasonably appropriate in our sole discretion, with or without prior notice to you.

 

You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, or publicity rights or any other harm resulting from any transmission you make of your Submitted Content.

 

Unless otherwise explicitly stated herein or in our Privacy Policy, you agree that any Submitted Content provided by you in connection with the Site or the Services is provided on a non-proprietary and non-confidential basis. We expressly disclaim any and all liability in respect of any Submitted Content, including any liability arising because of a breach of any confidentiality obligations, securities laws or any other obligations of a similar nature, in connection with the submission or transmission of Submitted Content.

 

Subject to any applicable Client Terms or EULA, you hereby grant to the Company, to the extent permitted under applicable law, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Submitted Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing or developed, and authorize others to use the Submitted Content. We may modify or adapt your Submitted Content in order to transmit, display or distribute it over computer networks or to Third Party Applications and in various media and/or make changes to the Submitted Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media, including those of Third Party Applications. You hereby expressly represent and warrant that you have all of the rights, power and authority to make the grant of license to the Company contained in this paragraph.

 

Subject to any applicable Client Terms or EULA, the Company hereby grants to you as a user of the Site and the Services, a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have been provided access, solely for your personal, non-commercial purposes through the Services, in accordance with these Terms of Service. All other uses are expressly prohibited absent our express written consent.

 

You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you.

 

Though the Company strives to enforce these Terms of Service, you may be exposed to Submitted Content that is inaccurate, objectionable or harmful. The Company does not endorse any Submitted Content submitted through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein.

 

INTELLECTUAL PROPERTY

 

Subject to any applicable Client Terms or EULA, you acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, the Services, and the Company Content, including applicable copyrights, trademarks, methods and other proprietary rights. Other product and company names that are mentioned on the Site or through the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Service.

 

THIRD PARTY LINKS

 

The Site and the Services may contain links to third party websites or applications that are not owned or controlled by the Company, or may make use of one or more Third Party Applications on the Site or through the Services. The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites or Third Party Applications. In addition, the Company will not and cannot censor or edit the content of any third party site. By using the Site and the Services, you expressly agree and acknowledge that you, and not the Company, shall be solely liable and responsible for any and all liability arising from your use of any third party website or any Third Party Applications made available to you through the Services.

 

Digital Millennium Copyright Act

 

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • 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 the service provider to locate the material;

 

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 

  • 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; and

 

  • 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.

 

You may direct copyright infringement notifications to our copyright agent at the Company’s address at the end of these Terms of Service (with attention to copyright agent), or by email at: support@alethiex.com.

 

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to applicable law, to post and use the material in your Content, you may send a counter-notice containing the following information to our copyright agent:

 

  • Your physical or electronic signature;

 

  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

 

  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

 

  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by our copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at the Company’s sole discretion.

 

Warranty Disclaimer

 

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES (INCLUDING THIRD PARTY APPLICATIONS) AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SITE OR TRANSMITTED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SITE OR ANY THIRD PARTY APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (i) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBMISSION OR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE AND/OR VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES (INCLUDING THIRD PARTY APPLICATIONS) OR ANY HYPERLINKED SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

 

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE SUBMISSION OR USE OF ANY CONTENT SUBMITTED, POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON THE SITE AND/OR VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

INDEMNIFICATION

 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and subsidiaries, and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site and the Services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, privacy or confidentiality right; (iv) any claim that your Submitted Content caused damage to a third party; or (v) your violation of any applicable law. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

 

Ability to Accept Terms of Service

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services.

 

electronic notice

 

You consent to receive communications from the Company in an electronic form via the email address you have submitted upon registration; and you agree that these Terms of Service, and all other agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

 

Assignment

 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

 

GENERAL

 

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements, including pricing terms, published or posted by the Company on the Site or otherwise relating to the Services, and including any applicable Client Terms or EULA, shall constitute the entire agreement between you and the Company concerning the Site and the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Site or the Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

CONTACT INFORMATION

 

Questions about these Terms of Service should be sent to us at support@alethiex.com.