Terms of Service
1. Acceptance of the Terms of Service
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Avogadro One, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!) or contact us at email@example.com.
2. Changes to the Terms of Service and the Website
Avogadro One is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy
We are working hard on improving Avogadro One, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 8 below).
To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using Avogadro One in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend choosing a strong password (e.g. "correcthorsebatterystaple") and that you log out from your account at the end of every session.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
4. Intellectual Property Rights and Use Guidelines
The Website and its original content, features and functionality (including the look!), are owned by Avogadro One and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about using the material on the Website, please address your concerns to firstname.lastname@example.org.
For the purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, "Content" also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, 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 Website and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your public User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our 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 we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time ("Feedback"). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
The Website may contain Content specifically provided by us, our partners, our users or third parties, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
Our Website provides access to third-party content. While we will make reasonable efforts to ensure the high quality of third-party content, by using our Website you acknowledge that we do not guarantee quality, correctness, or availability of such content. By using third-party content, you agree to abide by the terms and conditions of such third parties in relation to such content. You are not granted any rights or licenses by accessing such content.
5. User Contributions and Content Standards
Avogadro One contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, unless expressly allowed by us.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
- Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!
6. Law and Copyright Infringement
We do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 permit us to locate the material.
- Information reasonably sufficient for us to contact you, such as email, address, telephone number.
- 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 owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to email@example.com.
7. Paid Service
a. Purchase of the Avogadro One Paid Service
If you agree to pay the fee for access to the applicable Avogadro One Paid Service, such fee will be charged by the company designated by Avogadro One in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Avogadro One Websites are inclusive of any applicable sales taxes and fees.
Avogadro One may change the price for the Avogadro One Paid Service from time to time. In respect of the Avogadro One Paid Service, such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price relating to your Avogadro One Paid Service, you may terminate your subscription of your Avogadro One Paid Service in accordance with Section 7(d) (Term and Termination). Your continued use of the Avogadro One Paid Service after the communication of such price change to you constitutes an acceptance of such new price.
c. Automatic Subscription Renewal
Your subscription to the Avogadro One Paid Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 7(d) (Term and Termination). Such renewal will always be for the same duration as the previous subscription term. At the time of renewal, the payment method you have designated to be charged for the purchase of the Avogadro One Paid Service will automatically be charged our then current fees for the applicable subscription.
d. Term and Termination
You may cancel your subscription of the Avogadro One Paid Service at any time by visiting your subscription page, which termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month or a year). Avogadro One will not refund any remaining portion of subscription fees you have already paid. No further subscription fees will be charged unless you subscribe to the Paid Service again.
When you pay for a paid subscription for the first time, if you are not satisfied, you can cancel your paid subscription and request a refund within thirty days from subscribing to the paid subscription. No refunds will be made if requested after the initial 30-day period has expired.
- If you paid for a monthly subscription for the first time ever on January 23rd and canceled on February 1st, your paid subscription will remain active until February 22nd. If you request a refund before February 22, we will refund your subscription fee. On February 23rd you will be downgraded to a free subscription and no further charges will be applied. You will not be eligible for another refund under the 30-day money back guarantee.
- If you paid for a monthly subscription for the first time ever on January 23rd and canceled on February 1st, your paid subscription will remain active until February 22nd. If you request a refund after February 22, we will not refund your subscription fee. On February 23rd you will be downgraded to a free subscription and no further charges will be applied. You will not be eligible for another refund under the 30-day money back guarantee.
Avogadro One reserves the right to terminate or suspend your Avogadro One account at any time in case of unauthorized or suspected unauthorized use of the Avogadro One Service whether in contravention of these Terms of Service or otherwise. If Avogadro One terminates or suspends your Avogadro One account for any of the reasons set out in this section, Avogadro One shall have no liability or responsibility to you, and Avogadro One will not refund any amounts that you have previously paid.
8. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Avogadro One is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. No part of our Service represents legal, investment, medical, scientific or other qualified advice. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of Delaware.
10. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Avogadro One and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at firstname.lastname@example.org or submitted through the Feedback form on the Website.
Avogadro One is a platform that helps turn the daily deluge of information and all of its data into actionable knowledge. Whether you are an information worker or just want a better way to stay informed about the world around you, Avogadro One seeks to use the power of machine learning to help you.
Fundamentally, Avogadro One wants to make information management suck less. Spend less time fighting with multiple sites and tools and more time actually gathering knowledge.