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CalYdr
Terms of Use
Effective: March 18, 2016
Your use of the web sites on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Site. The Site is owned or controlled by Catherine Newman (“CalYdr”).
This Site is intended for and applicable only for residents of the United States, age 13 or older. If you are from another jurisdiction or under 13 years of age, you may not use this Site.
By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.
Our Site and the software, CalYdr button (“the “Button”), features and services provided through the Site (collectively, the “Services”) allow you to
(1) post the Button on your website or in your application to allow users to download information regarding your events and other information, data feeds, text, graphics, photographs, images, screen shots, downloadable files, trademarks, service marks logos, slogans and other content and materials (collectively, “Content’) to their calendars and
(2) to download Content to your calendar by using the Button posted on a third party website or application. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and cannot be responsible for such Content or the completeness, truthfulness, accuracy or reliability thereof, including the accuracy of the date and time of any event posted on any third party website or application or downloaded to your calendar. All use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk.
From time to time we may update this Site, the Services and/or these Terms. Your use of this Site or the Services after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. We may, in our sole discretion, and at any time, discontinue this Site, the Services, any Content or any part of any of the foregoing, with or without notice, or may prevent your use of this Site, Services, any Content, or any part of any of the foregoing, with or without notice to you. You agree that you do not have any rights in this Site, the Services, or any Content provided by CalYdr or its licensors or other users, and that CalYdr will have no liability to you if this Site, any Services or any Content or any part of any of the foregoing is discontinued or your ability to access the Site, Services, Content or portion of any of the foregoing is terminated.
1. CalYdr Services and Content
(a) Content is provided by CalYdr or its licensors or users, and is the property of CalYdr, its licensors and users, as applicable, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
(b) Subject to the terms and conditions of these Terms, CalYdr grants you a limited, nonexclusive, revocable right to access and use the Site and the Services, to download the Button to a website or application owned or controlled by you, to post Content, and to access, use and download to Content to your calendar, all solely in connection with your use of the Site and Services in accordance with these Terms, solely for your own personal use.
(c) You agree not to copy, download, display, modify, use or distribute any Content except as expressly authorized under these Terms. You further agree not to download, display or use any Content in connection with products or services that are not those of CalYdr, in any other manner that is likely to cause confusion among consumers, that disparages or discredits CalYdr and/or its licensors, that dilutes the strength of CalYdr’s or its licensor's property, or that otherwise infringes CalYdr’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site. You may not remove or modify
(1) any opt-in notice, terms of use or policies that are generated when the Button is provided to you or used by you or any third party or
(2) any copyright, trademark or other proprietary notices that have been placed on this Site, the Button, or any Content or other materials on the Site.
(d) We reserve the right at all times (but have no obligation) to remove or refuse to distribute any Content and to suspend or terminate users without liability to you or any third party.
(e) If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process below and follow the instructions at that area.
2. Use of the Site and Posting Policy
(a) If you are providing Content regarding events to the Site, we recommend that you post the dates and times of all events you provide in a single time zone. Failure to do so may result in errors in dates and times of certain events when downloaded to a user’s calendar. CalYdr shall have no liability for any errors in date or time of any events or other errors in any event information or other Content.
(b) The following requirements apply to your use of the Site, Services and Content:
(i) you will not use any electronic communication feature of the Site or Services for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
(ii) you will not upload, post, reproduce, or distribute any information, software, or other Content protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
(iii) you will not collect or store personal data about other users;
(iv) you will not use the Site for any commercial purpose not expressly approved by CalYdr in writing;
(v) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication;
(vi) you will not upload, post, email, or otherwise transmit any material or Content that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and
(vii) you may not rent, lease, resell or use the Site, Services or any Content of CalYdr or any of its licensors or other users to operate a service bureau or as part of any product or service.
(c) By downloading or using the CalYdr Button, you may submit Content to the Site, enable users to download and post your Content to their calendars or download and post Content to your calendar.
You agree that you will not:
(i) post any Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by CalYdr;
(ii) post any Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential;
(iii) impersonate any person or organization, including without limitation, the personnel of CalYdr, or misrepresent an affiliation with another person or organization; or
(iv) post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein. CalYdr may cancel your account and delete all Content associated with your account at any time, and without notice, if CalYdr deems that you have violated these Terms, the law, or for any other reason. CalYdr assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
(d) By displaying, publishing, or otherwise posting any Content on or through the Site or providing any feedback, Comments or suggestions, you hereby grant to CalYdr a perpetual, irrevocable, non-exclusive, sub-licensable, transferable, worldwide, fully-paid, royalty free license to use, copy, modify, create derivative works of, publicly perform, publicly display, broadcast, synchronize and distribute such Content and your feedback, comments and suggestions in connection with the Site and the Services and any other features, products or services offered by or through CalYdr, in any and all media now known or hereinafter developed, without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any Content, as well as the right to sublicense Content to third parties, including other users. You continue to retain all ownership rights in your Content, and you continue to have the right to use your Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
(e) In using the Site and making any submission of Content to the Site, you agree to comply with all applicable laws, statutes, rules and regulations, all policies and guidelines posted by CalYder, all contracts to which you are a party, and all fiduciary obligations you may have (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(f) You must provide accurate, complete information when creating your Content and account, and keep your user name and password secure. You are solely responsible for any activity that occurs on your account or calendar. We are not liable for any losses caused by any unauthorized use of your account, but you are liable for any losses suffered by us or others due to any such unauthorized use.
(g) You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
(h) You agree to defend, indemnify and hold CalYdr, its owners, members, parents, subsidiaries, affiliates, officers, directors, employees, contractors and users and each of their owners, members, officers, directors, employees, contractors and agents harmless from any claims, liabilities, losses, damages, penalties, judgments, awards, costs and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:
(i) your acts, omissions or violation of these Terms or any act, omission or violation of these Terms by your employees, contractors or agents or
(ii) the Content you, your employees, contractors or agents submitted, posted, or otherwise provided to or downloaded from the Site or Services or any third party website or application or the use of such Content;
(iii) through your use of the CalYdr products and services or
(iv) any event or your or any third party’s participation in any event for which Content is provided through the Site, Services or any third party website or application.
3. Representations and Disclaimers
(a) CalYdr makes no representations or warranties about the accuracy, completeness, or reliability of this Site, the Services, any the Content, or any other feature of the Site, Services or any third party website or application, and disclaims all liability in the event of any failure of any of the foregoing. You acknowledge that any reliance on the Site, Services, Content or any third party website or application will be at your own risk. CalYdr makes no representations regarding the amount of time that any Content will be preserved or made available through the Site or Services.
(b) CalYdr does not endorse, verify, evaluate or guarantee any Content or other information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content or other information. You shall not create or distribute Content or other information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites, which contain or suggest an endorsement by CalYdr without the prior review and written approval of CalYdr.
(c) You understand, acknowledge and agree that CalYdr is not responsible for the information, data, text or other materials that may appear in Content submitted by you or third parties on this Site or any data feed or calendar, and that we shall not be liable for any damages you allege to incur as a result of such Content. Opinions expressed in such Content do not necessarily reflect the opinions of CalYdr, CalYdr does not necessarily review Content prior to posting, and CalYdr does not endorse and has no control over such Content.
(d) THIS SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, AND CALYDR HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING OR TRADE USAGE.
4. Limitations of Liability
(a) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CALYDR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY CONTENT.
(b) CALYDR SHALL HAVE NO LIABILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CALYDR’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL CALYDR OR ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, EVEN IF CALYDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) In no event shall the total aggregate liability of calydr, any of its owners, members, officers, directors, principals, employees, contractors, agents, affiliates, licensors, licensees or business partners or any of their respective officers, directors, shareholders, employees, contractors, agents or customers to you for all damages, losses, and causes of action arising out of or relating to these Terms of Use or your use of the Site or any use, publication, display, distribution or commercialization of any Content (whether in contract, tort, or otherwise) exceed One Hundred United States Dollars (US $100). Some states do not allow exclusion of implied warranties or limitations of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of calydr, its affiliates, licensors and business partners and their respective agents shall be limited to the greatest extent permitted by law.
(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. Third Party Websites
This Site may hyperlink to sites not maintained by or related to CalYdr. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or CalYdr, and CalYdr makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and CalYdr has no control over how your information is collected, used, or otherwise handled.
6. Term; Termination
(a) CalYdr may, in its sole discretion, terminate any account, calendar, or any part of any of the foregoing or your access to and use of the any account, calendar, the Site, Services, Content or any part of any of the foregoing and remove and discard all or any part of your account, calendar or Content you submit or download, for any reason whatsoever. CalYdr may in its sole discretion and at any time discontinue providing access to the Site, Services, Content, or any part of any of the foregoing, with or without notice. You agree that any termination of your access to the Site, Services, Content, any account or calendar or any portion of any of the foregoing, or any other content or materials, may be effected without prior notice, and you agree that CalYdr shall not be liable to you or any third party for any such termination.
(b) You may terminate your use of the Site, Services and Content and remove the Button, your account or your calendar at any time.
(c) Upon any termination as set forth in this Section, provisions which by their terms or nature survive, including Sections 1(c), 2(d), 3, 4, 5, 6(c), 7 and 8.
7. Proprietary Rights Complaint Process
(a) CalYdr respects the intellectual property rights of others. We will respond to notices of alleged intellectual property infringement that comply with applicable law and are properly provided to us. If you believe your Content has been copied or used in a way that constitutes copyright or trademark infringement, please provide us with a written notice including the following information:
(i) identification of the copyrighted work claimed to have been infringed;
(ii) 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 enable us to locate the material;
(iii) your contact information, including your name, address, telephone number and email address; (iv) 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 or trademark owner, its agent or the law; and (v) a statement that the information in the notice is accurate and complete and that you are authorized to act on behalf of the owner of the copyright or trademark.
(b) We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or any third party. We may terminate a user’s account if the user is determined to be a repeat infringer.
8. Miscellaneous
(a) Both you and CalYdr acknowledge and agree that no partnership is formed and neither of you nor CalYdr has the power or the authority to obligate or bind the other.
(b) These Terms will be governed by and construed in accordance with the internal laws of the State of California without regard to conflicts of laws principles. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, will be determined by final and binding arbitration in San Francisco, California before a single arbitrator. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the "Rules"). The arbitrator will be selected by mutual agreement of the parties or, if the parties are not able to agree, in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. This clause will not preclude the parties from seeking provisional remedies from a court of appropriate jurisdiction, and by using this Site, you hereby agree that the courts located in San Francisco, California shall have such jurisdiction. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
(c) You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy and that CalYdr shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you, from such breach or threatened breach. Nothing in this Section shall be construed as preventing CalYdr from pursuing any and all remedies available to it, including the recovery of money damages from you.
(d) On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
(e) The failure of CalYdr to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of CalYdr, shall not be deemed a breach of these Terms.
(f) If CalYdr fails to act with respect to your breach or anyone else's breach on any occasion, CalYdr is not waiving its right to act with respect to future or similar breaches.
(g) If any provision of these Terms shall be 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.
(h) CalYdr may freely assign these Terms, any and licenses and other rights granted to it under these Terms, and any other rights hereunder, in whole or in part, without your consent or making any payment to you, including, without limitation, in connection with a merger, change of control, or sale of assets relating to the Site. These Terms will be binding on and inure to the benefit of the parties and their heirs, successors and permitted assigns.
(i) English is the authoritative text of these Terms of Use and all communications, notices, arbitrations and other actions and proceedings relating to these Terms of Use shall be made and conducted in English.
(j) These Terms constitute a binding agreement between you and CalYdr, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and CalYdr regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
(k) You agree to execute a hard copy of these Terms and any other documents, and take any actions reasonably requested by CalYdr to confirm and effectuate the intent of these Terms of Use and any of your rights or obligations hereunder.
(l) CalYdr is controlled and operated from its United States offices in California. We make no representation that any Content or other materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
If you have any questions about these Terms, please ask. You can contact us at contact@calydr.com with any questions.