This agreement was written in English (US). To the extent any translated version of this agreement conﬂicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: April 22, 2015
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the COLLABSY Principles (below) and is our terms of service that governs our relationship with users and others who interact with COLLABSY.
By using or accessing the COLLABSY Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will ﬁnd resources at the end of this document that help you understand how COLLABSY works.
Because COLLABSY provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a speciﬁc app, product, or service. To the extent those supplemental terms conﬂict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conﬂict.
Your privacy is very important to us. We designed our Data Policy (below) to make important disclosures about how you can use COLLABSY to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on COLLABSY, and you can control how it is shared through your privacy and application settings. In addition:
1.For content that is covered by intellectual property rights, like photos and videos (IP content), you speciﬁcally give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with COLLABSY (IP
License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2.When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
4.When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of COLLABSY, to access and use that information, and to associate it with you (i.e., your name and proﬁle picture).
5.We always appreciate your feedback or other suggestions about COLLABSY, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep COLLABSY safe, but we cannot guarantee it. We need your help to keep COLLABSY safe, which includes the following commitments by you:
1.You will not post unauthorized commercial communications (such as spam) on COLLABSY.
2.You will not collect users' content or information, or otherwise access COLLABSY, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3.You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on COLLABSY.
4.You will not upload viruses or other malicious code.
5.You will not solicit login information or access an account belonging to someone else.
6.You will not bully, intimidate, or harass any user.
7.You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8.You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9.You will not use COLLABSY to do anything unlawful, misleading, malicious, or discriminatory.
10.You will not do anything that could disable, overburden, or impair the proper working or appearance of COLLABSY, such as a denial of service attack or interference with page rendering or other COLLABSY functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
COLLABSY users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1.You will not provide any false personal information on COLLABSY, or create an account for anyone other than yourself without permission.
2.You will not create more than one personal account.
3.If we disable your account, you will not create another one without our permission.
4.You will not use your personal timeline primarily for your own commercial gain, and will use a COLLABSY Page for such purposes.
5.You will not use COLLABSY if you are under 13.
6.You will not use COLLABSY if you are a convicted sex offender.
7.You will keep your contact information accurate and up-to-date.
8.You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9.You will not transfer your account (including any Page or application you administer) to anyone without ﬁrst getting our written permission.
10.If you select a username or similar identiﬁer for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1.You will not post content or take any action on COLLABSY that infringes or violates someone else's rights or otherwise violates the law.
2.We can remove any content or information you post on COLLABSY if we believe that it violates this Statement or our policies.
3.To report a potential infringement, email firstname.lastname@example.org
4.If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5.If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6.You will not use our copyrights or Trademarks or any confusingly similar marks.
8.You will not post anyone's identiﬁcation documents or sensitive ﬁnancial information on COLLABSY.
9.You will not tag users or send email invitations to non-users without their consent. COLLABSY offers social reporting tools to enable users to provide feedback about tagging.
6. Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
1.In the event you change or deactivate your mobile telephone number, you will update your account information on COLLABSY within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
2.You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on COLLABSY.
7. Payments and Refunds
If you would like a refund, which will be pro-rated to the length of time you used COLLABSY, email email@example.com
8. Special Provisions Applicable to Developers/Operators of Applications and Websites
9. About Advertisements and Other Commercial Content Served or Enhanced by COLLABSY
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
1.You give us permission to use your name, proﬁle picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or proﬁle picture with your content or information, without any compensation to you. If you have selected a speciﬁc audience for your content or information, we will respect your choice when we use it.
2.We do not give your content or information to advertisers without your consent.
3.You understand that we may not always identify paid services and communications as such.
10. Special Provisions Applicable to Advertisers
Not in use at this moment.
11. Special Provisions Applicable to Pages
If you create or administer a Team, Project or Promo Page on COLLABSY, you agree to hold yourself accountable to all of the rules herein.
12. Special Provisions Applicable to Software
1.If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2.You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
3.We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
4.If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
5.Your continued use of the COLLABSY Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of COLLABSY to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
1.You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or COLLABSY exclusively in the U.S. District Court for Colorado or a state court located in Boulder County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Colorado will govern this Statement, as well as any claim that might arise between you and us, without regard to conﬂict of law provisions.
2.If anyone brings a claim against us related to your actions, content or information on COLLABSY, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on COLLABSY and are not responsible for the content or information users transmit or share on COLLABSY. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on COLLABSY. We are not responsible for the conduct, whether online or ofﬂine, of any user of COLLABSY.
3.WE TRY TO KEEP COLLABSY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING COLLABSY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE DO NOT GUARANTEE THAT COLLABSY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT COLLABSY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. COLLABSY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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 OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR COLLABSY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR COLLABSY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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, COLLABSY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with COLLABSY outside the United States:
1.You consent to having your personal data transferred to and processed in the United States.
2.If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on COLLABSY (such as advertising or payments) or operate a Platform application or website. You will not use COLLABSY if you are prohibited from receiving products, services, or software originating from the United States.
1.By "COLLABSY" or” COLLABSY Services” we mean the features and services we make available, including through (a) our website at www.COLLABSY.io and any other COLLABSY branded orco-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. COLLABSY reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2.By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from COLLABSY or provide data to us.
3.By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with COLLABSY.
4.By "content" we mean anything you or other users post, provide or share using COLLABSY Services.
5.By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from COLLABSY or provide to COLLABSY through Platform.
6.By "post" we mean post on COLLABSY or otherwise make available by using COLLABSY.
7.By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8.By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
9.By “Trademarks” we mean Collabsy in any use.
1.If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and World Media Arts, Inc.
2.This Statement makes up the entire agreement between the parties regarding COLLABSY, and supersedes any prior agreements.
3.If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4.If we fail to enforce any of this Statement, it will not be considered a waiver.
5.Any amendment to or waiver of this Statement must be made in writing and signed by us.
6.You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7.All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8.Nothing in this Statement shall prevent us from complying with the law.
9.This Statement does not confer any third party beneﬁciary rights.
10.We reserve all rights not expressly granted to you.
11.You will comply with all applicable laws when using or accessing COLLABSY.
By using or accessing COLLABSY Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of COLLABSY:
Payment Terms: These additional terms apply to all payments made on or through COLLABSY, unless it is stated that other terms apply.
Community Standards: These guidelines outline our expectations regarding the content you post to COLLABSY and your activity on COLLABSY.
19. Data Policy
It’s simple. We do not share your data with anyone. We are encrypted in a way that keeps things safe, to the best of our ability. Be aware that nothing is perfectly safe when it comes to website data. Proceed at your own risk.
20. COLLABSY Principles
We are building COLLABSY to make the world more open and transparent, which we believe will create greater understanding and connection. COLLABSY promotes openness and transparency by giving individuals greater power to share and connect, and certain principles guide COLLABSY in pursuing these goals. Achieving these principles should be constrained only by limitations of law, technology, and evolving social norms. We therefore establish these Principles as the foundation of the rights and responsibilities of those within the COLLABSY Service.
a. Freedom to Share and Connect
People should have the freedom to share whatever information they want, in any medium and any format, and have the right to connect online with anyone - any person, organization or service - as long as they both consent to the connection.
b. Ownership and Control of Information
People should own their information. They should have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the COLLABSY Service. People should have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the COLLABSY Service.
c. Free Flow of Information
People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efﬁcient to share and access this information.
d. Fundamental Equality
Every Person - whether individual, advertiser, developer, organization, or other entity - should have representation and access to distribution and information within the COLLABSY Service, regardless of the Person's primary activity. There should be a single set of principles, rights, and responsibilities that should apply to all People using the COLLABSY Service.
e. Social Value
People should have the freedom to build trust and reputation through their identity and connections, and should not have their presence on the COLLABSY Service removed for reasons other than those described in COLLABSY's Statement of Rights and Responsibilities.
f. Open Platforms and Standards
People should have programmatic interfaces for sharing and accessing the information available to them. The speciﬁcations for these interfaces should be published and made available and accessible to everyone.
g. Fundamental Service
People should be able to use COLLABSY for free to establish a presence, connect with others, and share information with them. Every Person should be able to use the COLLABSY Service regardless of his or her level of participation or contribution.
h. Common Welfare
The rights and responsibilities of COLLABSY and the People that use it should be described in a Statement of Rights and Responsibilities, which should not be inconsistent with these Principles.
i. Transparent Process
COLLABSY should publicly make available information about its purpose, plans, policies, and operations. COLLABSY should have a process of notice and comment to provide transparency and encourage input on amendments to these Principles or to the Rights and Responsibilities.
j. One World
The COLLABSY Service should transcend geographic and national boundaries and be available to everyone in the world.