Tr.im Terms of Service

Thank you for your interest in the Tr.im service and website located at Tr.im (the "Site") which is owned and operated by Gravity4, Inc. ("Gravity4", "we", or "us"). Gravity4 owns and operates the Tr.im service which allows users to easily share content and links with their family and friends through our URL shortening and sharing services (collectively with the Site, the "Service"). These Terms of Use only apply to the Service and do not apply to other services or websites owned by Gravity4. Please read these Terms of Service (collectively with Gravity4, Inc.’s Privacy Policy [ http://www.gravity4.com/legal/privacy] and DMCA Copyright Policy [http://www.Gravity4.com/legal/dmca-copyright-policy] , the “Terms of Service”) fully and carefully before using the services, features, and content offered by Gravity4, Inc. (“we,” “us,” or “Gravity4”) through its website, plugins, or software applications (collectively, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services.

Acceptance of Terms

Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the Service, including the additional policies identified in Section 2, below (collectively, the "Terms"), as these terms create a binding legal contract between you and Gravity4, whether you are a visitor to the Site ("Visitor"), an individual accessing and using the Service through a Publisher Website ("End User") or the owner or operator of a website ("Publisher Website") that uses the Service to share and shorten URLs, including through the use of Widgets or Branded URLs ("Publisher"). By availing yourself of the Service in any manner (whether as a Visitor, End User, or Publisher), you agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you should immediately terminate your use of the Service. Unless specifically stated, the term "you" refers to a Visitor, End User, or Publisher.

  1. By registering for and/or using the Services in any manner, including but not limited to visiting, browsing and using the Services to shorten a uniform resource locator (“URL”), you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Services by Gravity4, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  2. Certain of the Services may be subject to additional terms and conditions specified by Gravity4 from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Modification

Gravity4 reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice or by sending you notice through the Services or by email. Gravity4 may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Eligibility

You must be an individual at least 13 years old to use the Services. By using the Service, you represent that you are at least 13 years old and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, to abide by and comply with these Terms, and that you are accepting the benefit of the Services. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. Gravity4 may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. If you are older than 13 but younger than 18 years of age (a "Minor Child"), you must have parental consent before registering for an account on the Services and your parent must accept these Terms on your behalf. If you, as a parent or legal guardian, have agreed to allow your Minor Child to use the Services, you agree that you shall be solely responsible for: (i) the online conduct of such Minor Child; (ii) monitoring such Minor Child’s access to and use of the Services; and (iii) the consequences of any use of the Services by such Minor Child. Furthermore, if you are using the Service on behalf of a company, entity, or organization, or group or division of any of the aforementioned parties (collectively, an "Organization"), then you represent and warrant that you: are an authorized representative of that Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Organization. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Registration

While some features of the Service are available to unregistered users, for broader access to the Services you must register with Tr.im (creating an “Account”). In order to register, you must provide an accurate email address and select a username. You are responsible for updating the accuracy of the email address that you provide to Gravity4 to be associated with your Account. Regarding usernames, you shall not (i) select or use, as your username, the name of another person with the intent to impersonate that person; (ii) select or use, as your username, a name subject to any rights of a person or entity other than you without appropriate authorization or (iii) select or use, as your username, a name that is otherwise offensive, vulgar or obscene.

Account Security

You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

Proprietary Rights Notice

The Service is owned and operated by Gravity4. The content, visual interfaces, multimedia content (including musical works and sound recordings), features, information, graphics, design, compilation, computer code, software, products, and all other elements of the Service provided by Gravity4 ("Gravity4 Materials") are the valuable proprietary and intellectual property of Gravity4 or its licensors. Gravity4 Materials does not include User Content (as defined in the Intellectual Property Policy), [including but not limited to links] Gravity4 Materials are protected by applicable international, federal, and state laws, rules, and regulations relating to intellectual or proprietary property, including, but not limited to, patent, copyright, trademark and trade secret laws. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any Gravity4 Materials. Any attempt to download, print, publish or maintain the Gravity4 Materials in violation of these Terms or any applicable license, to distribute copies of the Gravity4 Materials, or to otherwise exploit the Gravity4 Materials in violation of the intellectual property or proprietary rights of others is strictly prohibited by these Terms.

Tr.im Services

The Service allows (i) End Users and Publishers to shorten, track, and share URLs using the Tr.im domain; and (ii) End Users to share content located on Publisher Websites with other parties through our link shortening service. For publishers, the Service also includes access to a video embedding service, analytics software, publisher dashboards, advertising tags, and other tools and applications provided by Gravity4. Gravity4 does not currently charge for the Service. However, we may collect information to tailor advertising to you more effectively as described in more detail in the Tr.im Privacy Policy, available here.

  1. Tr.im Links

    The Services allow you to shorten and track URLs using the Tr.im domain as the link. As long as you comply with these Terms of Service, you may use the Services your personal, non-commercial purposes. Please contact us if you would like to use the Services for your business.

  2. Software Applications

    We provide a web-based software application (and supporting technologies) that you can access to use the Services. As long as you comply with these Terms of Service, you have the right to use this software to access and use the Services. This license is for the sole purpose of enabling you to use the Services, as permitted by these Terms of Service. You may not modify, re-distribute, or sell the software, nor may you decompile or attempt to extract the source code of that software. If you download software from the Apple App Store, Google Play or other app store (a "Third Party App Provider"), please note that:

    1. These Terms of Service are concluded between us, and not with the Third Party App Provider, and that we (not the Third Party App Provider), are responsible for the software.
    2. The Third Party App Provider has no obligation to furnish any maintenance and support services with respect to that software or handle any warranty claims.
    3. The Third Party App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the software, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the software fails to conform to any applicable legal or regulatory requirement.
    4. The Third Party App Provider is a third party beneficiary of these Terms of Service as related to your license of the software, and the Third Party App Provider will have the right to enforce these Terms of Service as related to your license of the software against you.
    5. You must also comply with any applicable terms from any third party services that you access when using the software.

Tr.im Analytics

  1. Definition

    Certain features of the Services allow Gravity4 to collect and track metrics, and generate analytics, relating to URLs shortened using the Services, bundles of shortened URLs created using the Services, and other metrics and analytics related to use of the Services (“Tr.im Analytics”). Tr.im Analytics include, but are not limited to:

    1. A history of all URLs shortened by a particular Account.
    2. A history of all clicks on a shortened URL.
    3. A history of all sharing of a shortened URL through third-party services such as Facebook, LinkedIn, Twitter, etc. as well as any other applications owned by Gravity4.
    4. A history of referral URLs for clicks of a shortened URL.
    5. A history of IP addresses used to access a shortened URL.
    6. Visual presentation of any or all of the above (excluding IP addresses).
  2. Ownership Rights

    You acknowledge and agree that all Tr.im Analytics that are collected and/or generated are owned by Gravity4, and that Gravity4 has the right to use, license, sell or otherwise dispose of Tr.im Metrics for any purpose.

  3. Analytics Data

    The Services are offered to you subject to your continued compliance with these Terms. As part of the Service, Gravity4 collects and generates various data regarding your use of the Service. If you place a Widget on your website, share links using the Service, or otherwise use the Service, we may place a cookie in End User’s web browsers to collect information such as, but not limited to, the web browser type, the web site visited by the End User just before the user visits the site on which the widget is placed and/or the web site on which the Widget is placed, and the dates and times that an End User visits these web sites as provided in more detail in our Privacy Policy. You may only use our analytical tools and any data obtained from those tools ("Analytics Data") for your personal or internal business use in conjunction with the operation and analysis of your Publisher Websites. You will not use the Service (or allow a third party to use the Service) to track or collect personally identifiable information ("PII") of any users, nor will you associate (or allow a third party to associate) any data gathered from your websites with any PII from any source as part of your use of the Service. You may not share, disclose, license or otherwise provide Analytics Data to any third party advertising networks without our prior written consent.

Publisher Terms for Branded URL Service

The Service also allows for the use of branded URLs ("Branded URLs") using a different domain (for example, http://www.innovationcentral.com/example) that relate to a Publisher’s brand and allows the Publisher to share and track the use of Branded URLs (collectively, the "Branded URL Service"). The Branded URLs may be designated by the Publisher in an insertion order or through the web interface provided for the Branded URL Service. If you are a Publisher and wish to use the Branded URL Service as part of the Service, the following terms apply.

(a) License to Branded URL. Subject to the terms and conditions herein and your acceptance of these Terms, Publisher grants to Gravity4 a non-exclusive, royalty-free, non-sublicensable license to use Branded URLs solely as needed for Gravity4 to provide the Branded URL Service. Publisher shall retain all ownership rights in the Branded URLs. Publisher represents and warrants that (i) it maintains adequate rights in and to the Branded URLs (including without limitation under the intellectual property rights in and to any third party content contained therein) in order to engage in the Service, including without limitation the right to modify and create derivative works of any materials on the Branded URLs. Publisher will indemnify, defend, and hold Gravity4 harmless from and against all damages, liabilities, costs, and expenses (including, without limitation attorney fees) that Gravity4 may incur as the result of any action brought against Gravity4 arising out of the acts of Publisher in breach of this Section 5(a).

(b) API License. Subject to these Terms, Gravity4 hereby grants to Publisher a non-exclusive, non-transferable, non-sublicensable license to use Gravity4’s Tr.im application programming interface ("Tr.im API") for the sole purpose of participating in, implementing, and using the Branded URL Service. Gravity4’s provision of the Branded URL Service is conditioned on Publisher’s use of the Tr.im API and compliance with these Terms.

(c) API License Restrictions. Publisher shall not use the Tr.im API for any other purpose other than that set forth in Section 5(b) above. Without limiting the foregoing, Publisher shall not: (i) use the Tr.im API for the purposes of developing a product that will be owned by a third party or that would compete with Gravity4 products or services; (ii) sublicense, rent, lend, lease, permit third party access to, or use of, the Tr.im API; (iii) copy, distribute, reproduce, sell, use or allow access to the Tr.im API, except as explicitly permitted under these Terms; (iv) modify, adapt, translate, reverse engineer or decompile (except to the extent expressly authorized by law), or prepare derivative works from the Tr.im API; (v) remove, obscure, or alter Gravity4’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Tr.im API; or (vi) use the Tr.im API to disable, override, or otherwise interfere with the Service.

(d) Ownership of Branded URLs. As between Company and Gravity4, (i) Company retains all right, title and interest in and to the Branded URLs, including content thereon, and (ii) subject to the limited rights and licenses granted to Company pursuant to these Terms, Gravity4 retains all right, title and interest in and to the Service and the Tr.im API. Gravity4 shall own any data or information that we collect through our network from use of the Service, while you will own all data or information that you collect from users of your websites.

Publisher Terms for Widgets

If you are a Publisher and wish to use the Service to allow users to share content located on your Publisher Websites, the following terms apply to you.

(a) Site Approval and License. Subject to these Terms, you may implement the Service on Publisher Websites without Gravity4’s prior approval, and Gravity4 hereby grants to Publisher a non-exclusive, non-transferable, non-sublicensable license to use Widgets on Publisher Websites for the sole purpose of participating in the Service. Gravity4 reserves the right to deny or revoke participation of any website in the Service and/or terminate this license at any time in its sole discretion.

(b) Implementation. The Widget and instructions to implement the Widget on Publisher Websites are available here. Publisher shall follow such instructions in implementing the Widget, and shall implement the Widget on all Publisher Websites.

(c) License Restrictions. Publisher shall not use the Widget for any other purpose other than that set forth in Section 6(a) above. Without limiting the foregoing, Publisher shall not: (i) use the Widget for the purposes of developing a product that will be owned by a third party or that would compete with Gravity4’s products or services; (ii) sublicense, rent, lend, lease, permit third party access to, or use of, the Widget; (iii) copy, distribute, reproduce, sell, use or allow access to the Widget, except as explicitly permitted under these Terms; (iv) modify, adapt, translate, or prepare derivative works from the Widget; (v) remove, obscure, or alter Gravity4’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Widget; or (vi) copy, distribute, reproduce, sell, use or allow access to Gravity4's advertising tags for use in banner advertisements or for any purpose that is not expressly approved by Gravity4 in writing.

(d) Publisher Websites. Publisher represents and warrants that (i) it maintains adequate rights in and to the Publisher Websites (including without limitation under the intellectual property rights in and to any third party content contained therein) in order to engage in the Service, including without limitation the right to modify and create derivative works of any materials on the Publisher Websites and (ii) the Publisher Websites do not portray illicit drugs; and do not contain pornography, adult or mature content; or any content that otherwise promotes violence, illegal activity or infringes on the rights of others. Publisher will indemnify, defend, and hold Gravity4 harmless from and against all damages, liabilities, costs, and expenses (including, without limitation attorney fees) that Gravity4 may incur as the result of any action brought against Gravity4 arising out of the acts of Publisher in breach of this Section 6(d).

(e) Sharing of Content. The Service is designed to allow users to easily share content from Publisher Websites with other parties. As such, we do not claim any ownership rights in any content on the Publisher Websites. By placing the Widget on your websites, you grant us a worldwide, nonexclusive, fully-paid-up, assignable, and royalty-free right and license to distribute, perform, display, and reproduce your content solely as necessary to provide your content through the Service.

(f) Ownership of Publisher Websites. As between Publisher and Gravity4, (i) Publisher retains all right, title and interest in and to the Publisher Website including content thereon and (ii) subject to the limited rights and licenses granted to Publisher pursuant to these Terms Gravity4 retains all right, title and interest in and to the Service and the Widget. Gravity4 shall own any data or information that we collect through our network from use of the Service, while you will own all data or information that you collect from users of your websites.

Content

  1. Definition

    For purposes of these Terms of Service, the term “Content” includes, without limitation, URLs, shortened URLs, custom vanity URLs, curated URLs, bundles or packages of URLs, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

  2. User Content

    All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that (i) certain User Content (e.g., previously shortened URLs and related Tr.im Analytics) will remain available for a period bound by our Privacy Policy and (ii) any removed User Content may persist in backup copies for a reasonable period of time, bound by our Privacy Policy (but following removal will not be shared with others).

  3. Gravity4 Content

    The Services contain Content specifically provided by Gravity4 or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Such Content includes, but is not limited to, Tr.im Metrics. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

  4. Use License

    Subject to these Terms of Service, Gravity4 grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Gravity4, or from the copyright holder identified in such Content’s copyright notice. If you would like to use the Services for commercial purposes, you must enter into a license agreement for our Tr.im Enterprise tools, or contact us regarding other types of uses.

  5. License Grants

    1. License to Gravity4

      By submitting User Content through the Services, you hereby do and shall grant Gravity4 a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and Gravity4’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).

    2. License to Users

      You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.

    3. No Infringement

      You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.

  6. Availability of Content

    Gravity4 does not guarantee that any Content will be made available through the Services. Further, Gravity4 has no obligation to monitor the Services. However, Gravity4 reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Gravity4 is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.

Rules of Conduct

  1. By using the Tr.im Services, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
  2. You shall not, and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Service that:
    1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (Gravity4's DMCA Copyright Policy [http://www.Gravity4.com/legal/dmca-copyright-policy]);
    2. undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service, Gravity4 Materials or User Content (as defined in the Intellectual Property Policy) or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
    3. reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Service, use of the Service, access to the Service, or content obtained through the Service (including without limitation Gravity4 Materials and User Content) except and solely to the extent permitted by these Terms;
    4. access or use the Service for comparative or competitive research purposes;
    5. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
    6. use any robot, spider, scraper, or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service, frame or otherwise enclose any Gravity4 trademark or any portion of the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
    7. is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or tortuous;
    8. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
    9. publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
    10. create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information to any feedback system employed through the Service;
    11. transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
    12. redirects, distribute, or is used to surreptitiously collect private information from another User’s account (“phishing”);
    13. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Gravity4 or any third party;
    14. impersonates any person or entity, including any employee or representative of Gravity4;
    15. includes anyone’s identification documents or sensitive financial information; or
    16. interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
    17. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
    18. use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
    19. is otherwise determined by Gravity4 to be inappropriate at its sole discretion.
  3. You shall not: (i) take any action that imposes or may impose (as determined by Gravity4 in its sole discretion) an unreasonable or disproportionately large load on Gravity4’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Gravity4 may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Gravity4’s guidelines and policies.
  4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  5. Gravity4 also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Gravity4, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.

Third Party Content, Links and Services

Content shared or linked to on the Service may contain references or links to third-party materials and services (including, without limitation, web sites from third parties) not controlled by Gravity4 or its suppliers or licensors.

Gravity4 provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. The Tr.im Services may permit you to link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of Gravity4, and you acknowledge that Gravity4 is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Gravity4 or any association with its operators. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT Gravity4 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. Additionally, when you leave the Service for example by clicking on a link, these Terms no longer govern. You should review applicable terms and policies, including any relevant privacy policies, associated with any third party web sites, software, or services you utilize.

Required Disclosure for Publishers

Publisher represents and warrants that each web page on the Publisher Websites and/or Branded URLs contains a link to a privacy policy that contains language that is substantially similar to the following: "We allow third-party companies to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org." Publisher will indemnify, defend, and hold Gravity4 harmless from and against all damages, liabilities, costs, and expenses (including without limitation attorney fees) that Gravity4 may incur as a result of any action brought against Gravity4 arising out of the acts of Publisher in breach of this Section 14.

User Disagreements

Your use of the Service may bring you into contact with other users, and their User Content, such as by sharing links with other users of the Service. You are solely responsible for your involvement with other users. If you have a dispute with one or more Users, you release Gravity4 (and Gravity4's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including, but not limited to, actual, special, consequential and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Termination

(a) By Gravity4. Gravity4, in its sole discretion and for any reason or no reason, may terminate any user or user account (or any part thereof) you may have on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services including support (or any part thereof), or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that Gravity4 shall not be liable to you or any third-party for any such termination. Gravity4 does not permit unlawful, infringing, fraudulent, or otherwise illegitimate activities on the Service, and reserves the right to halt, suspend, or terminate access to the Service, in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Gravity4 will not have any responsibility to deliver or allow you access to any of your User Content or other information you may have stored with Gravity4 in connection with your use of the Service. These remedies are in addition to any other remedies Gravity4 may have at law or in equity.

(b) By You. If you are dissatisfied with the Service, then please let us know by emailing us at tr.im.support@gravity4.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of Gravity4 in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by (i) closing your account and discontinuing your use of any and all parts of the Service, or (ii) providing Gravity4 with notice of termination at tr.im.support@gravity4.com.

(c) Survival; Rights and Obligations upon Termination. Upon termination of these Terms, your right to use the Service shall immediately terminate. Publishers shall immediately (i) remove the Widget from all Publisher Websites and (ii) cease use of the Tr.im API and Services. In addition, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 5(d), 6(f), 7, 11, 13-24, and 26, the Parties’ indemnification obligations in Sections 5(a), 6(d), 12, and the Intellectual Property Policy.

Warranty Disclaimer

  1. Gravity4 has no special relationship with or fiduciary duty to you. You acknowledge that Gravity4 has no control over, and no duty to take any action regarding:
    1. which users gains access to the Services;
    2. what Content you access via the Services;
    3. what effects the Content may have on you;
    4. how you may interpret or use the Content; or
    5. what actions you may take as a result of having been exposed to the Content.
  2. You release Gravity4 from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Gravity4 makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
  3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GRAVITY4, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
  4. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): GRAVITY4 MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Gravity4 will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Gravity4’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Indemnification

You shall defend, indemnify, and hold harmless Gravity4, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Gravity4 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Gravity4 in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL GRAVITY4, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimers THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT, OR ANY OTHER SERVICE OR INFORMATION PROVIDED BY Gravity4), USER CONTENT AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Gravity4 AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Gravity4 AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY USER CONTENT, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, SOFTWARE, CONTENT, OR DATA THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitations; Basis of the Bargain

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Gravity4, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Gravity4, Gravity4'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT Gravity4 WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

Governing Law and Jurisdiction.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of San Francisco County, San Francisco, CA.

Notices

Gravity4 may provide you with notices by electronic mail, regular mail or postings on the Service. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless the sending party is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon your viewing of such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.

Submissions

We enjoy hearing from you and welcome your comments about the Service. However, if you send us a business idea or suggestion (for example, about how to improve or expand our products and services), you agree that we will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.

Export

You may not export or re-export the Service, the Tr.im API, the Widget, or any portion of the Service without complying with applicable export control laws and obtaining any necessary permits and licenses. In the event you do so, you agree to comply with such laws at your own expense, and agree to indemnify and hold Gravity4 harmless for any noncompliance.

Government Use

The Widget, Tr.im API, and any software or code provided by us are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

European Union

Section 25 of the Terms applies solely to Publishers that are incorporated in countries located within the European Union.

(a) Publisher acknowledges that the provision of the Services involve Gravity4 or its sub-contractors storing information on Publisher's and/or Publisher end user customer's devices or equipment via the use of cookies or otherwise.

(b) In order for each of the Publisher and Gravity4 to achieve adequate legal disclosures in relation to the underlying technology used in provision of the Services under the ePrivacy Directive (EC 2002/58 (as amended) (including the UK’s implementation of the same under the Privacy and Electronic Communications Regulations 2003 (as amended), and associated regulatory guidance and industry best practice), Gravity4 and/or its sub-contractors require Publisher to make certain disclosures on its behalf via Publisher's Privacy Policy or via discrete statements on the Publisher's Website(s). Publisher acknowledges that such disclosures are one of the necessary steps towards achieving legal compliance. Therefore, where so requested from time to time by Gravity4, Publisher shall make and maintain any such additions, amendments or changes to the relevant Publisher Privacy Policy/ies and shall promptly cooperate with Gravity4 regarding all such disclosure requests. Publisher and Gravity4 agree that the minimum disclosure that Publisher will include in Publisher’s Privacy Policy/ies and/or publish elsewhere on the Publisher Website(s) are as set out in Sections 25(a)-25(c).

(c) In addition to any agreed disclosures made by the Publisher or any subsequently requested changes made by Gravity4 pursuant to Section 19.2, Publisher agrees that, prior to implementing the Services, it shall implement a technical solution to display prior notification of and obtain the consent to the use of Gravity4 cookies (referencing them as "third party cookies") from each user of the Publisher Website(s), and it shall further incorporate a reasonable mechanism to enable Publisher end user customer's to consent or not to such use of cookies as applicable law and legal guidance may reasonably require. Publisher acknowledges and agrees that, to the extent any Publisher Website end-user does not consent to such use of Gravity4 cookies, or opts out of the use of such Gravity4 cookies, the operation of elements of the Services in respect of such end user may be affected, and Gravity4 shall have no liability to Publisher for any such effect on the Service's operation.

(d) Notwithstanding Sections 25(b) and 25(c) , Publisher agrees that it shall comply with its published Privacy Policy/ies and all laws and regulatory guidance to the extent applicable to the Publisher, and that it shall maintain and make available on each of the Publisher Website(s) a Privacy Policy that includes any and all disclosures and election procedures that may be required under applicable laws and regulatory guidance in light of its own services and data handling practices and additionally the Services contemplated by these Terms and provided by Gravity4 form time to time including, without limitation, a Privacy Policy that fully and completely discloses to users of the Publisher Website(s) the practices of the Publisher, Gravity4 or other third parties with respect to the collection, use and disclosure of personal data and other information (including any data or other information that: (i) is collected on an anonymous basis, (ii) is not connected with a living individual; or (iii) is aggregated), cookies, web beacons and similar devices and matters.

(e) Publisher and Gravity4 agree to work together in good faith in respect of any other best practice or legally necessary privacy or metrics and analytics related disclosures which may now or in the future be required on the Publisher Website(s) in relation to the Services and Publisher's use or deployment of these Services.

Entire Agreement and Severability

These Terms of Service are the entire agreement between you and Gravity4 with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Gravity4 with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in Section 10 above. The failure of Gravity4 to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gravity4 as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Gravity4 other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gravity4 without restriction, including by operation of law, reorganization, reincorporation, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void.

Miscellaneous

  1. Force Majeure

    Gravity4 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gravity4’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

  2. Assignment

    These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Gravity4’s prior written consent. Gravity4 may assign, transfer or delegate any of its rights and obligations hereunder without consent.

  3. Agency

    No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

  4. Notices

    Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

  5. No Waiver

    The failure of Gravity4 to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Gravity4 must provide you with written notice of such waiver, provided by one of its authorized representatives.

  6. Headings

    The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact

You may contact Gravity4: by mail at One Market Plaza, 1 Market St., 27th Floor, San Francisco, CA 94105; or by email at tr.im.support@Gravity4.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your electronic mail address and a request for this information.

Effective Date of Terms of Service: September 12, 2014.

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