The below terms are effective April 14, 2014. By using our products and services (“Services”), you are agreeing to these terms. Please read them carefully.
The Services are provided by ContentGuard, Inc. (“ContentGuard”), located at Legacy Town Center II, 6900 North Dallas Parkway Suite 850, Plano, Texas 75024.
The Services are evolving and varied, so sometimes additional terms, policies or requirements may apply. These additional terms, policies or requirements may be conveyed with the Services, and will be part of your agreement with us if you use those Services.
Using our Services
You must follow any terms, policies or requirements made available to you with any Services.
The Services are intended to facilitate your use of the ContentGuard app for its intended purpose. You must not use our Services in any manner or for any purpose other than as intended by us. For example, you cannot alter or interfere with our Services; nor can you attempt to access the Services using any method other than the interface and the instructions that we provide. Moreover, you may use our Services only as permitted by law, and you cannot remove, obscure or alter any legal notices displayed in or along with our Services. We may suspend or stop providing Services to you if you do not comply with our terms, policies or requirements, use or attempt to use the Services other than as intended by us, use or attempt to use the Services in a manner that violates applicable law, or remove, obscure or alter or attempt to remove, obscure or alter any legal notices. We may also suspend or stop providing Services if we are investigating any such suspected misconduct.
Use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access through use of our Services. You may not use, duplicate or display content through our Services unless you obtain permission from its owner or such use, duplication or display is otherwise permitted by law. Moreover, these terms do not grant you the right to use any branding or logos in connection with our Services.
Our Services may display some content that is not ContentGuard’s content. Any such third party content is the sole responsibility of the third party that makes it available. In no event is ContentGuard responsible for third party content, regardless of whether ContentGuard reviews or authorizes the display or use of such content.
Use of our Services requires compatible devices and Internet access. The Services may require periodic updates; and may be affected by the performance of these external factors. High-speed Internet access is strongly recommended for regular use and is required for video. Meeting these requirements, which may change from time to time, is your responsibility. The Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Services.
Many of our Services are available on mobile devices. Do not use such Services in a way that distracts you or prevents you from obeying traffic or safety laws.
Your ContentGuard Account
You will be required to establish a ContentGuard account in order to use some of our Services. To protect your ContentGuard account, you must keep your password confidential. You are solely responsible for the activity that happens on or through your ContentGuard account. If you learn of any unauthorized use of your password or ContentGuard account, you must promptly notify ContentGuard and change your account settings by emailing [email protected]
Privacy and Copyright Protection
Any use of our Services with illegitimate content may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement. We respond to notices of alleged copyright infringement and may terminate accounts of infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you think someone is violating your copyrights and want to notify us, please email us at [email protected]
Some of our Services allow you to upload, submit, store, send or receive content. ContentGuard does not obtain any rights to such content other than the non-exclusive license described below, and you retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give ContentGuard (and our vendors) a worldwide non-exclusive license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new Services. This license continues even if you stop using our Services (for example, for content that you have authorized for viewing or use by other users of Services). You are responsible for assuring that you have the necessary rights to grant us this license for any content that you submit to our Services.
About Software in our Services
When a Service requires or includes downloadable software that is owned by ContentGuard, ContentGuard gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or any included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Some software used in our Services may be offered under an open source license that we will make available to you. In addition to adhering to these terms of service, you must also adhere to any applicable open source license terms.
Modifying and Terminating our Services
From time to time, we change and improve our Services. We may add or remove functionalities or features, and we may suspend or stop providing Services altogether. We may also add or create new limits to our Services at any time. ContentGuard reserves the right to change, suspend, remove, or disable access to Services or content at any time without notice. In no event will ContentGuard be liable for making such changes.
Our Services are premised on the belief and commitment that you own your data and should control access to your data. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to protect and preserve your data.
Our Warranties and Disclaimers
We use our best efforts to provide our Services skillfully and professionally. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CONTENTGUARD NOR ITS SUPPLIERS OR VENDORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME LAWS IMPOSE WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCAIM AND EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, CONTENTGUARD, AND CONTENTGUARD’S SUPPLIERS AND VENDORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONTENTGUARD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
IN ALL CASES, CONTENTGUARD, AND ITS SUPPLIERS AND VENDORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. IN NO EVENT WILL CONTENTGUARD BE RESPONSIBLE FOR FAILURE TO FULFILL ANY COMMITMENTS OR OBLIGATIONS DUE TO CAUSES BEYOND CONTENTGUARD’S CONTROL.
About these Terms
We may modify these terms or any additional terms that apply to a Service at any time. You should look at the terms regularly, as we will post notice of modifications to these terms on this page. Changes will not apply retroactively, but will become effective immediately after posting. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms, policies or requirements that are conveyed with a Service, the additional terms, policies or requirements will control for that conflict.
These terms control the relationship between ContentGuard and you. They do not create any rights that benefit third parties.
Our failure to enforce these terms will not constitute a waiver of the terms, and we retain the right to enforce the terms in the future.
If a particular term is not enforceable, this will not affect any other terms, all of which will remain applicable and enforceable.
The laws of Texas, U.S.A., excluding Texas’ conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Collin County, Texas, USA, and you and ContentGuard consent to personal jurisdiction in those courts.