1. ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to Catch The Sign (“we” “us” “our” or “Catch The Sign”).
1.2 Your use of any of Catch The Sign’s Web sites, services, application programming interfaces (“APIs”) or software (collectively, the “Catch The Sign Service”) is subject to these terms of service (the “Terms of Service”) in effect at the time of your use. Catch The Sign reserves the right to update and change these Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Service will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Catch The Sign as of the date the changes take effect and (ii) Catch The Sign has actual notice of the dispute as of the date the changes take effect.
1.4 Your use of the Catch The Sign Service is also subject to the Catch The Sign Community Guidelines in effect at the time of your use, which are incorporated herein as though set forth in full. You can review the most current version of the Catch The Sign Community Guidelines.
1.5 Your use of the Catch The Sign APIs is also subject to the Catch The Sign API Terms of Service in effect at the time of such use your use, which are incorporated herein as though set forth in full. You can review the most current version of the Catch The Sign API Terms of Service.
1.6 Your use of the Catch The Sign Service may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific Web site, service, API, software, service level or version. In the event of any conflict between these Terms of Service and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these Terms of Service regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Service will control.
1.7 By signifying your acceptance of these Terms of Service or making any use of the Catch The Sign Service, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Catch The Sign Service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
2. YOUR ACCOUNT
2.1 The Catch The Sign Service is not intended for users under the age of eighteen (18). By signifying your acceptance of these Terms of Service or making any use of the Catch The Sign Service, you represent and warrant that you are at least eighteen (18) years of age.
2.2 Catch The Sign can refuse registration of, or cancel, any account in its sole discretion, at any time.
2.3 Your account will be accessed through a user ID and password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify Catch The Sign of any unauthorized use of your Credentials.
2.4 Using your account, you may access and participate in the Catch The Sign Service, including viewing, posting and responding to communications on and through the Catch The Sign Service.
3. CONTENT AND INTELLECTUAL PROPERTY
3.1 Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on or through the Catch The Sign Service belongs to you and you may use it in any other way without restriction. But by using the Catch The Sign Service, you are granting Catch The Sign and certain third parties permission to use your Content as described in these Terms of Service.
3.2 By using the Catch The Sign Service, you are granting Catch The Sign a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the Catch The Sign Service and on and through services affiliated with Catch The Sign, regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content on or through the Catch The Sign Service, you represent and warrant that you have the right to post that Content and to grant the above rights to Catch The Sign.
3.3 Catch The Sign may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Catch The Sign, its users and the public.
3.4 You understand that posting your Content on or through the Catch The Sign Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that Catch The Sign and/or any past, present or future client of Catch The Sign (each, a “Client”) may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that Catch The Sign and its Clients are explicitly relying on such representations and agreement with regard to your Content:
3.4.1 The Content represents your own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service.
3.4.2 Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with Catch The Sign or any of its Clients or obligate Catch The Sign or any of its Clients to treat your Content (or any related materials) as secret or confidential.
3.4.3 Catch The Sign and/or any of its Clients may give your Content such consideration as is warranted by their respective judgments. Review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Neither Catch The Sign nor any of its Clients is obligated to give reasons for making use of or rejecting your Content or to reveal its activities that are related to your Content.
3.4.4 Neither Catch The Sign nor any of its Clients has any obligation, either express or implied, to make any use of your Content. However, if Catch The Sign and/or any of its Clients do make use of your Content, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Content.
3.4.5 Neither Catch The Sign nor any of its Clients assumes any obligation with respect to any of your Content except as set forth in these Terms of Service, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to Catch The Sign or any of its Clients’ user of your Content shall be as described in these Terms of Service and as existing under the patent laws of the United States.
3.4.6 If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact in connection with posting your Content on or through the Catch The Sign Service. To the extent you hold a patent in the Content, no license under any patent is herein granted. Any license to use patented Content shall be in the form of a separate written contract, in which event your, Catch The Sign’s and/or any of its Clients’ respective obligations shall be only those expressed in such separate written contract.
3.4.7 Neither the discussion or negotiations between you, on the one hand, and Catch The Sign and/or any of its Clients, on the other hand, relating to the possible purchase or license of your Content, nor the making of any offer for the purchase or license of your Content, shall prejudice Catch The Sign and/or any of its Clients in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of your Content. Further, Catch The Signâs and/or any of its Clients’ consideration, discussions or negotiations with you will not in any way impair Catch The Sign’s and/or any of its Clients’ right to contest the validity or infringement of your rights in and to the Content.
3.4.8 You hereby irrevocably release and forever discharge Catch The Sign and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Content, with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Content.
3.5 Content posted by another person or company on or through the Catch The Sign Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the Catch The Sign Service as Catch The Sign may make available.
3.6 Catch The Sign owns the Catch The Sign Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the Catch The Sign Service, and the combination of all the elements on the Catch The Sign Service. The Catch The Sign Service as a whole, the computer code of the Catch The Sign Service, the user interface and graphic elements are all copyrighted works of Catch The Sign. Various other aspects of the Catch The Sign Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.
3.7 Catch The Sign owns all right, title and interest in and to the Catch The Sign Service. Catch The Sign reserves all rights to the Catch The Sign Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the Catch The Sign Service and you do not have the right to index or aggregate any portion of the Catch The Sign Service (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the Catch The Sign Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Catch The Sign Service.
4. PAYMENT TERMS, UPGRADES, DOWNGRADES AND REFUNDS
- If you initially sign up for an account with a free trial, and you don’t cancel that account within 3 days, you will be prompted for billing information starting on the 3rd day after your account was initially created.
- An upgrade from the free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. INTERNATIONAL USE
5.1 The Catch The Sign Service is hosted in the United States. If you use the Catch The Sign Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to the United States and agree that Catch The Signâs collection, use, storage and sharing of your information and Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
5.2 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
6. CANCELLATION AND TERMINATION
6.1 Catch The Sign, in its sole discretion, may terminate your password and/or account and remove and discard any Content within the Catch The Sign Service for any reason, including and without limitation lack of use, or if Catch The Sign believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Catch The Sign’s discretion, will be terminated as well.
6.2 Catch The Sign, in its sole discretion and at any time, may discontinue providing the Catch The Sign Service, or any part thereof, with or without notice. Any termination of your access to the Catch The Sign Service under any provision of these Terms of Service may be effected without prior notice. Catch The Sign may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the Catch The Sign Service. Catch The Sign will not be liable to you or any third party for any termination of your access to the Catch The Sign Service.
6.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Catch The Sign Service may be, but is not required to be, deleted by Catch The Sign. Catch The Sign will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
6.4 If you are a member of a private community, and that private community is cancelled or terminated, Content posted to that private community will no longer be available to you. Such Content may be, but is not required to be, deleted by Catch The Sign. Catch The Sign will have no liability for information or Content that is deleted due to the cancellation or termination of a private community.
7. GENERAL TERMS
7.1 These Terms of Service will remain in full force and effect while you use the Catch The Sign Service. Those terms that can continue to operate after you stop using the Catch The Sign Service (including without limitation your Content license to Catch The Sign and the General Terms in this Section), will survive after you stop using the Catch The Sign Service.
7.2 You agree to indemnify and hold Catch The Sign, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Catch The Sign Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Catch The Sign Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
7.3 THE Catch The Sign SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE Catch The Sign SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE Catch The Sign SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Catch The Sign AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, Catch The Sign AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE Catch The Sign SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Catch The Sign DOES NOT WARRANT THAT THE Catch The Sign SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Catch The Sign SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Catch The Sign OR THE Catch The Sign SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
7.4 NEITHER Catch The Sign NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Catch The Sign’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO Catch The Sign FOR THE Catch The Sign SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
7.5 These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between Catch The Sign and you regarding the Catch The Sign Service. Any dispute arising from or related to these Terms of Service will be governed by the laws of the State of California without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes. The arbitration will be held in San Francisco, California. The failure of Catch The Sign to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.