Last revised on: April 21, 2015
Thank you for visiting www.doneby.com (the "Site"), which is owned and provided by NeonGrid, LLC, doing business as DoneBy ("NeonGrid," "we" or "us").
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
NEONGRID MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME. When these changes are made, we will notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the updated version of the Terms on the Site. We will also update the "Last Updated" date at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Site or Services. For existing users, such changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Site. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. You understand and agree that if you access or use the Site or Services after the effective date of such changes, your access or use will indicate your acceptance of the updated Terms. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
DESCRIPTION OF SERVICE
The Site provides a multimedia, credit-listing database where creative professionals can list and share professional credits and showcase works. The Site also provides a platform where creative professionals and companies involved in the creation of creative content can connect to help such individuals and entities list professional credits, meet, exchange ideas, make content, and find opportunities for work. "User" means any user of the Site or Services, and may be a creative professional or a company involved in the creation of creative content. If you decide to meet another User in person, you should always be sensible and exercise caution to protect your personal safety and property. By using the Site, you are agreeing to release, defend, hold harmless, and defend NeonGrid free from any liability or damage that might arise out of the transaction between you and another User. NEONGRID IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICES FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.
SCOPE OF USE
Subject to these Terms, NeonGrid grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to access and use the Site and Services for your personal, noncommercial use. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable laws (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole 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); (d) you shall not access the Site or Services in order to build a similar or competitive website or service; (e) you shall not download, copy, reproduce, distribute, republish, display, post or transmit any portion of the Site or Services, except with our written or e-mailed consent; and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site or Services.
In order to use certain features of the Site and Services, you must register for an account with NeonGrid (an "Account"). We may use a third party to authenticate your registration and certain information about you may be transmitted between such third party and us. People who register for an Account become "Members." By registering for an Account, you represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Site or Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree not to create an Account or use the Site or Services if you have been previously removed by the NeonGrid, or if you have been previously banned from any of the Sites or Services.
During registration, you may select a NeonGrid Vanity url ("Vanity url"), which will be associated with your Account, will be displayed publicly and may be changed by you. NeonGrid reserves the right to remove or reclaim any Vanity urls at any time and for any reason, including but not limited to, claims by a third party that a Vanity url violates the third party's rights.
In creating an Account, you must provide your first and last name, email address, location and other information about yourself as prompted by the registration form ("Registration Information"). You represent and warrant that all Registration Information you submit is true, accurate, current and complete. You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete, including your email address, which is the primary way in which we will communicate with you. If you provide any information that is untrue, inaccurate, not current or incomplete, or NeonGrid has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NeonGrid has the right to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof).
Your email address will be your login. You must choose your own password. It is your responsibility to safeguard your password and not disclose it to third parties. You are solely responsible for activities that occur under your Account. You agree to immediately notify NeonGrid of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. NeonGrid will not be liable for any loss or damage arising from your failure to comply with the foregoing requirements.
Through the Site, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, the "Content"). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Content" means any Content Submitted by Users. You shall be solely responsible for your User Content as well as any consequences of Submitting such User Content, including the possibility that NeonGrid may feature any User Content on the Site. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness and usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. NeonGrid is not responsible for the actions of third parties or other Users relating to their use of any material you have publicly shared on NeonGrid. You acknowledge that NeonGrid has no obligation to pre-screen User Content, although NeonGrid reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. NeonGrid has no obligation to store any User Content on the Sites or Services. NeonGrid has no responsibility or liability for the loss, damage, destruction, deletion or accuracy of any User Content; the failure to store, transmit or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site or Services. You shall be solely responsible for preventing any loss or damage to, and maintaining independent archival and backup copies of, any of your User Content.
Except with respect to User Content, you agree that NeonGrid and its suppliers own all rights, title and interest in the Site and Services and that you have no right or title in or to any Content that appears on or in the Site or Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in NeonGrid and all related items. NeonGrid does not claim ownership of your User Content.
Members may submit, post or link to their User Content for display on their profile and on the Site. By submitting such User Content, you agree to the terms and conditions of our Content Submission Policy, which is incorporated into and made a part of these Terms. You grant NeonGrid and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Site solely for the purposes of operating, developing, providing, and using the Site and Services.
WARRANTY FOR SUBMISSIONS
By Submitting User Content, you represent and warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in the User Content..
LICENSE TO CONTENT
You grant the NeonGrid a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your User Content (in whole or in part) for the purposes of operating and providing the Site and Services to you and to our other Users.
If you provide NeonGrid any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to NeonGrid all rights in the Feedback and agree that NeonGrid shall have the right to use such Feedback and related information in any manner it deems appropriate. NeonGrid will treat any Feedback you provide to NeonGrid as non-confidential and non-proprietary. You agree that you will not submit to NeonGrid any information or ideas that you consider to be confidential or proprietary.
The Site and Services are intended to be used by Users for the purposes referred to in these Terms. As a condition of use, you agree not to use the Site or Services for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Submit any Content on or through the Site or Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without NeonGrid's prior written consent; (v) impersonates any person or entity; (vi) interferes with or attempt to interfere with the proper functioning of the Site or Services or uses the Site or Services in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site or Services, including but not limited to violating or attempting to violate any security features of the Site or Services, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in the Site or Services, introducing viruses, worms, or similar harmful code into the Site or Services, or interfering or attempting to interfere with use of the Site or Services by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Site or Services.
THIRD PARTY SITES
The Site may contain links to third party websites ("Third Party Sites"). The Third Party Sites are not under the control of NeonGrid, and NeonGrid is not responsible for any Third Party Sites. NeonGrid provides the Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party's terms and policies apply, including third party's privacy and data gathering practices. You acknowledge sole responsibility and assume all risks arising from your use of any Third Party Sites.
INTERACTION WITH OTHER USERS
Users of the Site or Services may interact with other users. For example, Members may invite others to accept credit for creative works. You are solely responsible for your interactions with other Users of the Site or Services. NeonGrid may limit communications you may have to other users of the Site or Services and may, in certain circumstances, prohibit you from contacting other users through use of the Site or otherwise limit your use of the Site. NeonGrid reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your Account if NeonGrid determines, in its sole discretion, that doing so is necessary to enforce these Terms. The Site and Services may contain User Content provided by other Users. NeonGrid is not responsible for and does not control User Content. NeonGrid has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
AVAILABILITY OF SERVICES
NeonGrid reserves the right to discontinue, suspend or modify one or more aspects of the Site or Services at any time and for any reason. There may be times when the Site or Service becomes unavailable, whether scheduled or unscheduled. You agree that NeonGrid will not be liable to you or any third party for any discontinuance, suspension or modification of the Site or Services or any party thereof. For security or other reasons, we may require you to change your password or other user information. We may contact you regarding your Account or new Site or Service features.
BREACHES OF TERMS
We are reliant upon Users to notify us of anything on the Site that appears likely to be a breach of these Terms. Please notify us of such breaches by contacting us at firstname.lastname@example.org.
Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. NeonGrid may, in its sole discretion, suspend your rights to use the Site and/or the Services (including your Account) or terminate these Terms, at any time for any reason, including for any use of the Site or Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however NeonGrid reserves the right to continue to use your User Content. NeonGrid will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your User Content. If you wish to terminate your Account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK, AND WE PROVIDE THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEONGRID, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY NEONGRID OR ANYTHING RELATED TO NEONGRID, YOU MAY CLOSE YOUR NEONGRID ACCOUNT AND TERMINATE THESETERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
NEONGRID IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS TRANSMISSION OF ANY USER CONTENT) SENT THROUGH THE SITE AND SERVICES TO ANYONE. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE OR SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE OR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES. YOU UNDERSTAND THAT NEONGRID DOES NOT MAKE ANY ATTEMPT TO (1) VERIFY THE STATEMENTS OF USERS OF THE SITE AND SERVICES; (2) VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE SITE OR SERVICES; OR (3) MONITOR THE USE OF ITS SERVICES BY USERS OF THE SITE. NEONGRID DISCLAIMS ANY AND ALL LIABILITY FOR PERSONAL RELATIONSHIPS OR CONTACTS DEVELOPED THROUGH THE SITE OR SERVICES, AND ANY ACTIVITY BETWEEN USERS OUTSIDE OF THE SITE OR SERVICES IS ENTIRELY OUTSIDE THE CONTROL OR RESPONSIBILITY OF NEONGRID. NEONGRID FURTHER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
NEONGRID , ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. NEONGRID MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, NEONGRID, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR USE OF THE SITE, SERVICES, SITE CONTENT, OR THIRD-PARTY GOODS, MATERIALS, SERVICES OR WEB SITES MADE AVAILABLE THROUGH THE SERVICES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE ) INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR USE OF THE SITE, SERVICES, SITE CONTENT, OR THIRD-PARTY GOODS, MATERIALS, SERVICES OR WEB SITES MADE AVAILABLE THROUGH THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID NEONGRID IN THE PRIOR TWELVE (12) MONTHS (IF ANY), AND (B) FIFTY DOLLARS ($50). NEONGRID, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEONGRID AND YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NEONGRID AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, SHAREHOLDERS AND SUCCESSORS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR USER CONTENT; (C) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING ANY USERS; (C) YOUR VIOLATION OF ANY APPLICABLE LAWS, CODES OR REGULATIONS; OR (D) YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. NeonGrid reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NeonGrid in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site or Services.
If any provision of these Terms is found to be illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to affect the intention of the provision. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
NeonGrid's failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of NeonGrid's right to subsequently enforce such provision or any other provisions of these Terms.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without NeonGrid's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Where NeonGrid requires that you provide an e-mail address, you are responsible for providing NeonGrid with your most current e-mail address. In the event that the last e-mail address you provided to NeonGrid is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, NeonGrid's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to NeonGrid at the following address: email@example.com. Such notice shall be deemed given when received by NeonGrid by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
The communications between you and NeonGrid use electronic means, whether you visit the Site or Services or send NeonGrid e-mails, or whether NeonGrid posts notices on the Sites or Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from NeonGrid in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NeonGrid provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
NO INJUNCTIVE RELIEF
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of NeonGrid, exploitation of any advertising or other materials issued in connection therewith, or exploitation of NeonGrid or any content or other material used or displayed through the Site.
You agree that these Terms constitute the entire, complete and exclusive agreement between you and us regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms.
ARBITRATION OF DISPUTES
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SITE OR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, APPLYING THE LAWS OF THE STATE OF CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES, CALIFORNIA AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. IF FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE DISPUTE SHALL BE EXCLUSIVELY BROUGHT IN STATE OR FEDERAL COURT IN LOS ANGELES COUNTY, CALIFORNIA. EITHER YOU OR NEONGRID MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR NEONGRID PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Users outside of the United States consent to having their personal data transferred to and processed in the United States. Your use of the NeonGrid Site and Service is subject to export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin services or software. The Site and Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that NeonGrid intends to announce such Services or Content in your country. The Site and Services are controlled and offered by NeonGrid from its facilities in the United States of America. NeonGrid makes no representations that the Sites and Services are appropriate or available for use in other locations. Those who access or use the Sites or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
NeonGrid respects the intellectual property of others, and we ask that you do the same. NeonGrid has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of membership privileges of Users of our Site and Services who are repeat infringers of intellectual property rights. If you believe that infringing materials are accessible on the Site or the Site contains links to another location that contains infringing materials, please provide the following information in the form of a written notification required by 17 U.S.C. 512(c) to our designated Copyright Agent: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works; (c) a description of the allegedly infringing material and information sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by use in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for NeonGrid is:
Designated Agent: Marcus D. Wilkinson
Telephone: +1 860.415.4430
Fax: +1 860.415.8144
You can contact us by emailing us at firstname.lastname@example.org by writing us at:
9415 Culver Blvd.
Culver City, CA 90232
Last revised on: April 21, 2015
WHAT WE COLLECT
A Note about Children
We do not intentionally gather Personal Information from users who are under the age of 13. If a child under 13 submits Personal Information to NeonGrid and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us at email@example.com.
Types of Data We Collect
"Personal Information" means data that allows someone to identify or contact you, including, for example, your name, age, gender, address, telephone number, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
"Anonymous Data" means data that is not associated with or linked to your Personal Information; Anonymous Data does not, by itself, permit the identification of individual persons.
We collect Personal Information and Anonymous Data, as described below.
Information You Provide to Us
* To access some activities on the Site, you will be required to set up a user account (an "Account"). When you create an Account, we may collect certain Personal Information, including, but not limited to, your email address, first and last name, city, company name, website URL, professional title, birthday, and password.
* If you use our Services on your mobile device, we may collect your phone number and unique device id number.
* When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
* Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
* If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
* We retain information on your behalf, such as files and messages that you store using your Account.
* When you post content (text, images, photographs, videos, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page ("Profile").
* We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
* We may also record information about your usage of the Site, such as other users you communicate with, materials and content you post, information you display about yourself and information you click on while using the Site. If you are logged in to your Account, we may associate that information with your Account.
* We may also collect Personal Information at other points on the Site that state that Personal Information is being collected.
Information Collected via Technology
Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
Pixel Tags. In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We do not tie the information gathered by Pixel Tags to our users' Personal Information.
Google Analytics. We currently use Google Analytics. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Please see the following links for more information about Google Analytics: http://www.google.com/privacy_ads.html, http://www.google.com/privacy.html, and http://www.google.com/analytics/tos.html.
KISSmetrics. We currently use KISSmetrics. KISSmetrics provides certain services to NeonGrid in connection with NeonGrid's operation of this Site, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to this Site. Please see the following links for more information about KISSmetrics: https://www.kissmetrics.com/terms and https://www.kissmetrics.com/privacy.
How We Respond to Do Not Track Signals. We do not currently respond to "do not track" signals or other mechanisms that might enable consumers to opt out of tracking on our Site.
Information Collected from You about Others
If you decide to invite a third party to create an Account, we will collect your and the third party's names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party's names and e-mail addresses as required above. You or the third party may contact us at firstname.lastname@example.org to request the removal of this information from our database.
INFORMATION THAT IS PUBLICLY AVAILABLE
When you create an Account on the Site, some information about you and your Account activity will be publicly available on the Site, including, but not limited to, any information in your Profile. This may include, but is not limited to, your full name, your company name, your professional title, the date you created your Account, the date you last logged into your Account, methods of contacting you, collaborators you have worked with, companies you are associated with, the number of works you have posted, in addition to other information that may be disclosed by you. You may also choose to add other Personal Information that will be visible on the Site. If you choose to add certain information to your Account, this information and your activity associated with this information can be displayed to other users and may be collected and shared with other users. Any Personal Information that you voluntarily publicly disclose or post online may be collected and used by others. Other users of the Site can contact you by leaving a message/comment on the Site or any other method provided. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).
CORRECTING/UPDATING/DELETING/DEACTIVATING PERSONAL INFORMATION
All users may review, update, correct or delete the Personal Information in their Account (including any imported contacts) by emailing us at email@example.com or by editing their Profile. If you completely delete all of your Personal Information, then your Account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
In General. You may control the information that is available to other users of the Site at any time by editing your Account and the features that are included on your Profile page. You may prefer not to submit Personal Information through the Site; in which case you can still explore the Site, but you will not be able to create an Account and you may not be able to access certain services on the Site.
Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser's technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
USE OF DATA
General Use. In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways: to facilitate the creation of your Account; identify you when you sign in to your Account; provide improved administration of our Site and Services; provide the Services and customer support you request; improve the quality of experience with you interact with our Site and Services; send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created; send you administrative e-mail notifications, such as security, or support and maintenance advisories; resolve any disputes; troubleshoot problems; prevent potentially prohibited or illegal activities and enforce our policies; customize, measure and/or improve our services and/or content; inform you about our services/provide service updates; and compare information for accuracy. We use your anonymous aggregate data to analyze how you use our Site and what aspects of the Site are effective so that we may enhance the performance of our Site. For example, we may use your IP address to provide geographical targeted advertising to you.
User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their professional title. We obtain the user's consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback.
Creation of Anonymous Data. We may create Anonymous Data records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
DISCLOSURE OF DATA
Third Parties Designated by You. When you use the Services, the Personal Information you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.
Third Party Service Providers. We may share your Personal Information with third parties service providers to: provide you with the Services that we offer through the Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to us. For example, we may use a third party to verify your location. These third party service providers are required not to use your Personal Information other than to provide the services requested by NeonGrid.
We may also share your Personal Information when we have your consent. For example, we may share your Personal Information with potential employers when you have agreed to be contacted for employment opportunities.
We may share anonymous aggregate data with advertisers who may use such data to serve ads to users on the Site.
We may disclose Personal information if we believe in good faith that such disclosure is necessary (a) to comply with legal requirements, (b) in connection with a legal investigation or to comply with a subpoena, court order or substantially similar legal procedure, (c) to enforce our policies, (d) to respond to claims that a particular listing or other content violates the rights of others, or (e) protect anyone's rights, property, or safety as appropriate. Such information will be disclosed in accordance with applicable laws and regulations. We will not otherwise sell or disclose your information to any third parties.
The Site may contain links to third party websites to which the Site has no affiliation. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Information or Anonymous Data from you. Except as set forth herein, NeonGrid does not share your personal information with those third parties, and are not responsible for their privacy practices. NeonGrid is not responsible for the content of any third party advertisements or for any material or content accessible through any links that may be accessible through the Site. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
Your Personal Information is kept on servers protected against intrusion by technological means such as firewalls. These servers are kept in secure locations and access is granted only to our employees and agents on a need to know basis. We use a variety of industry standard methods to ensure the security of your Personal Information, however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while NeonGrid uses reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. If unauthorized access occurs, we will timely notify you in a timely manner pursuant to controlling law. It is your responsibility to select and maintain your passwords to safeguard against unauthorized access to your Account and Personal Information. Contact us if you become aware of any such unauthorized access.
A NOTE TO USERS OUTSIDE OF THE UNITED STATES