Thank you for your interest in transpond.com. Our site is available subject to the conditions outlined in this document. By using the site you agree to the terms in this document.
General Overview
- This document explains the terms that apply to your use of the transpond.com site.
- Widgets you build here are licensed back under the Creative Commons Attribution Share Alike license for use and adaptation by others in accordance with that license,
- You agree to abide by our rules for using the site
www.transpond.com (the “Site”) is the property of Transpond, Inc. and is made available to you subject the conditions outlined in this document. By using the Site, you agree to the following Terms Of Use.
Your Account
Use of some parts of the Site may require you to register for an account. Personal information you provide must be truthful and of your actual identity. You should notify us of any unauthorized use of your account or any other breach of security. Please refer to our Privacy Statement for information about our privacy protections.
Fees
At this time there are no fees to establish a Transpond account or use the Site. You may use the Site for purposes allowed by these terms and in compliance with our Privacy Statement. We reserve the right to charge fees in the future and do not guarantee that your account or use of the Site and content will be indefinitely available free of charge.
Content Ownership
Widgets that you create on the Site automatically incorporate certain intellectual property of Transpond. You hereby agree that any such derivative works you author using the Site (“Adaptations”) are licensed by you under the terms of the Creative Commons Attribution Share-Alike 3.0 Unported license (the “License”). Under the License, we may elect to publicly display your Adaptations in the Transpond gallery and make them available for further use, both commercially and non-commercially, in accordance with the License. As required by the License, Adaptations in the gallery are identified by title and attributed to the original author (or pseudonym).
User Conduct
You may not use the Site or any content on the Site to conduct or promote illegal activity or infringement of the rights of Transpond or others. You are prohibited from engaging in any activity, illegal or not, that Transpond determines in its sole discretion, to be harmful to its users, operations, reputation, goodwill, or subscriber relations. You should not make unauthorized access to accounts or servers on the Site by any means. You should not monitor network data or traffic without our express authorization
The Site is not intended or promoted for use by children. You represent and warrant that you are not under the age of fourteen, and that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. If you use the Site outside of California you are responsible for compliance with local laws.
Responsibility For Adaptations
Transpond does not proactively monitor any Adaptations you create on the Site. Users of the Site are solely responsible for the contents of the Adaptations they create and their corresponding distribution and use. Therefore, you have sole responsibility, and agree to indemnify and hold Transpond harmless, for any Adaptations by you which:
- violate a copyright, trademark, trade secret, or any other personal or proprietary rights;
- constitute false advertising, unfair business practices, or professional misconduct,
- falsely impersonate another person or entity, or falsely represent an affiliation;
- maliciously threaten or harass others; or
- interfere with the Site, or the property and services of others, including activities such as spamming, or distributing viruses or bots.
Copyright Notice
If you are a copyright owner or an agent thereof and believe that an Adaptation infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with information in writing.
Data Collection
Commensurate with the use of our Site and servers, we collect data related to the distribution and use of our content and Adaptations. All analytical information thereby generated shall constitute the confidential property of Transpond. We may elect to use such information privately, and publish it publicly in aggregate form, or offer account related use statistics to the account holder, at our sole discretion and on our terms.
Warranty Disclaimer
The Site and any content are provided on an “as is” and “as available” basis. Your use of the Site and its content is at your own risk and we make no warranties or representations, express or implied, as to the fundcionality or usefulness of the Site or its contents. We disclaim all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose. We make no warranty that access to the Site will be uninterrupted or that the content will be problem-free or compatible in the future.
Limitation Of Liability
To the maximum extent permitted by applicable law, in no event shall Transpond be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Site, the provision or failure to provide services or content, or otherwise in connection with use of the Site, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty, and even if Transpond has been advised of the possibility of such damages.
Confidentiality
Except at set forth in our Privacy Policy, Transpond owes no obligation of confidentiality to users of the Site.
Trademarks
TRANSPOND ® is a registered trademark of Transpond, Inc. Materials and content on the Site, excluding user authored portions of Adaptations, constitute the copyrighted works of Transpond, Inc. Any rights not expressly granted herein are reserved to Transpond.
Applicable Law
These terms are construed in accordance with and governed by laws of the State of California, excluding its conflict of law provisions. The parties submit to the personal and exclusive jurisdiction of, and agree that venue is proper in, the California State or Northern District Federal Courts located in the County of San Francisco, California, for any such legal action or proceeding. The United Nations Convention on International Sale of Goods, the application of which is expressly excluded, does not govern these terms.
Dated February 11, 2008
