Last updated: January 26th, 2016
PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. BY DOWNLOADING, ACCESSING OR USING THE MOBILE APPLICATIONS, WEBSITES OR OTHER PRODUCTS OR SERVICES (COLLECTIVELY, THE "SERVICES") OF CONFIDENTIAL CC CORP. AND OUR AFFILIATES ("CCC", "WE" OR "US"), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, please stop using the Services and delete your CCC account.
Ability to Accept Terms of Service
The Services are intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating CCC accounts.
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, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one CCC account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
If you are using our Services on behalf of a business, that business accepts these terms.
The Services consist of features that allow users to create and transmit content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by selecting the recipients of your User Content and by adjusting your confidentiality settings.
You retain all ownership rights in your User Content. However, when you send or receive User Content to or through our Services, you give CCC (and those we work with) a nonexclusive, worldwide, royalty-free, sublicensable and transferable 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), such content. The rights you grant in this license are for the limited purpose of operating our Services. To the extent you have selected a confidentiality setting under which we maintain possession of your User Content after you stop using our Services, this license continues even if you stop using our Services.
You agree that any feedback, suggestions, ideas or other information or materials regarding CCC or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of CCC. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, written and other materials, and the trademarks, service marks and logos contained therein (collectively, "CCC Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of CCC Content may violate such laws and these Terms. Except as expressly provided in these Terms, CCC does not grant any express or implied rights to use CCC Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, CCC Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and CCC Content. This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance or public display of CCC Content;
- Modifying or otherwise making any derivative uses of the Services or CCC Content, or any portion thereof;
- Use of any scraping, data mining, robots or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, CCC Content or any information contained therein, except as expressly permitted on the Services;
- Accessing the CCC API with an unauthorized or third-party client; and
- Any use of the Services or CCC Content other than for their intended purposes.
- Any use of the Services or CCC Content other than as specifically authorized in these Terms, without the prior written permission of CCC, is strictly prohibited and will immediately terminate the license to use the Services granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
- Send materials in violation of the CAN-SPAM Act or other anti-spam laws;
- Sell, exchange or distribute the email addresses or other contact information of any person without their consent;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Use or attempt to use another user's account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Violate the publicity, privacy or data protection rights of others;
- Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your CCC account or the Services;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when downloading or using the Services or posting reviews of the Services, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting CCC usernames in app store reviews is strictly prohibited and may result in the deletion of your CCC account.
After opening a CCC account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), by sending an email to [firstname.lastname@example.org].
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CCC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CCC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CCC CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CCC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER OR CCC CONTENT OR OTHER ADVERTISING, AND CCC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Note to International Users
The Services are hosted in highly secure, fully redundant data centers owned and operated by our cloud computing services provider. If you are a user accessing the Services from the United States, the Services are hosted in one of our provider’s data centers in the United States. If you are a user accessing the Services outside the United States, the Services are hosted in our provider’s data center that is closest to your location, which may or may not be in the United States. If you are accessing the Services from any region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you may be transferring your personal information to the United States or any other country where our provider’s data centers are located and you consent to that transfer. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties.
By agreeing to these Terms you agree to indemnify, defend and hold harmless CCC, our officers, directors, shareholders, employees, affiliates, licensors and suppliers (the "CCC Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CCC OR THE CCC PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SERVICES; (B) THE PROVISION OF THE SERVICES OR ANY MATERIALS AVAILABLE THEREIN; OR (C) THE CONDUCT OF OTHER USERS OF THE SERVICES, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST CCC FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, CCC IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, CCC'S LIABILITY SHALL IN NO EVENT EXCEED $1.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
3) Venue and Applicable Law
These Terms shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of New York, as such law is applied to agreements between New York residents entered into and to be performed within New York, except as governed by federal law. Unless expressly waived by CCC in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in CCC’s principal corporate place of business (New York County, New York, U.S.A.). Both parties consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by New York state or federal law.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.