Todoroo reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, including any portion thereof on a global or individual basis, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will update the "Last Updated Date" above and post the modification on the Sites and perhaps elsewhere within the Services. By continuing to access or use the Services after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
Eligibility and Todoroo Account Registration
In order to access certain features of the Sites and Services, and to post any User Content (defined below) on the Sites or through the Services, you must register to create an account ("Todoroo Account") and become a "Member". In compliance with privacy laws, we do not allow people below the age of 14 to create accounts; please see our Privacy Policy for further information. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Todoroo reserves the right to suspend or terminate your Todoroo Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member you may browse all areas of the Sites or use the parts of the Services that are not limited to Members only. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Todoroo Account, whether or not you have authorized such activities or actions. You agree to immediately notify Todoroo of any unauthorized use of your Todoroo Account. We are not liable for any damages or losses caused by someone using your account without your permission.
In order to access certain features of the Sites and Services, and to post any Public User Content (defined below) on the Sites or through the Services, you must register to create an account ("Todoroo Account") and become a "Member". In compliance with privacy laws, we do not allow people below the age of 14 to create accounts; please see our Privacy Policy for further information. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Todoroo reserves the right to suspend or terminate your Todoroo Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. If you are not a Member you may browse all areas of the Sites or use the parts of the Services that are not limited to Members only. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Todoroo Account, whether or not you have authorized such activities or actions. You agree to immediately notify Todoroo of any unauthorized use of your Todoroo Account. We are not liable for any damages or losses caused by someone using your account without your permission.
Privacy
Astrid uses Flurry Analytics (http://www.flurry.com) to collect anonymous user statistics. This behavior can be disabled through the settings menu. See Todoroo's Privacy Policy at http://www.todoroo.com/privacy for information and notices concerning Todoroo's collection and use of your personal information. If you have any questions about the Todoroo Privacy Policy, please contact Todoroo at privacy@todoroo.com. By accessing the Services you are agreeing to the terms of our Privacy Policy.
Content
Certain types of content are made available through the Services. "Todoroo Content" means, collectively, the text, data, graphics, images, illustrations, forms and look and feel attributes, Todoroo trademarks and logos and other content made available through the Services, including any technology or code making up the Services, excluding User Content. "User Content" means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member via the Services. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain types of content are made available through the Services. "Todoroo Content" means, collectively, the text, data, graphics, images, illustrations, forms and look and feel attributes, Todoroo trademarks and logos and other content made available through the Services, including any technology or code making up the Services, excluding Public User Content. "Public User Content" means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a Member via the Services with the intent to share with other users. "Private User Content" means data exclusively through the service created for exclusively for personal use or private sharing. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Ownership
The Services and Todoroo Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Todoroo and its licensors exclusively own all right, title and interest in and to the Services and Todoroo Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Todoroo Content.
@ -25,10 +25,10 @@ The Services and Todoroo Content are protected by copyright, trademark, and othe
Todoroo License
Subject to your compliance with the terms and conditions of these Terms of Service, Todoroo grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, use, view, download and print, where applicable, the Services and any Todoroo Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Todoroo Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Todoroo or its licensors, except for the licenses and rights expressly granted in these Terms of Service. With respect to Todoroo Applications, your license is limited to use of such applications on platforms and devices that you own or control, and you may not distribute or make the Todoroo Applications available over a network where it could be used by multiple devices at the same time.
User Content
By making available any User Content through the Services, you hereby grant to Todoroo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services. Todoroo does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.
Public User Content
By making available any Public User Content through the Services, you hereby grant to Todoroo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Public User Content only on, through or by means of the Services. Todoroo does not claim any ownership rights in any such Public User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Public User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Todoroo the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Todoroo's use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You acknowledge and agree that you are solely responsible for all Public User Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Public User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Todoroo the rights in such Public User Content, as contemplated under these Terms of Service; and (ii) neither the Public User Content nor your posting, uploading, publication, submission or transmittal of the Public User Content or Todoroo's use of the Public User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Copyrighted Materials: No Infringing Use. You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Todoroo has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
@ -76,7 +76,7 @@ You agree not to do any of the following while using the Services or Todoroo Con
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or - Encourage or enable any other individual to do any of the foregoing.
Todoroo will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Todoroo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Todoroo has no obligation to monitor your access to or use of the Services or Todoroo Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Todoroo reserves the right, at any time and without prior notice, to remove or disable access to any Todoroo Content, including, any User Content, that Todoroo, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Services.
Todoroo will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Todoroo may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Todoroo has no obligation to monitor your access to or use of the Services or Todoroo Content or to review or edit any Public User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Todoroo reserves the right, at any time and without prior notice, to remove or disable access to any Todoroo Content, including, any Public User Content, that Todoroo, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Services.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Todoroo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Todoroo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
@ -86,22 +86,22 @@ Without limiting other remedies, Todoroo may at any time suspend or terminate yo
You may terminate your Todoroo Account at any time and for any reason by sending email to support@todoroo.com. Upon any termination by a Member, the related account will no longer be accessible.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. Todoroo will not be liable to you or any third party for termination of the Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Todoroo will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. Todoroo will not be liable to you or any third party for termination of the Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING Public User Content) THAT YOU HAVE SUBMITTED ON THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Todoroo will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Todoroo under these Terms of Service (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Disclaimers
THE SERVICES, TODOROO CONTENT AND USER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TODOROO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE SERVICES, TODOROO CONTENT AND Public User Content ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TODOROO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
TODOROO MAKES NO WARRANTY THAT THE SERVICES, TODOROO CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TODOROO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
TODOROO MAKES NO WARRANTY THAT THE SERVICES, TODOROO CONTENT OR Public User Content WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TODOROO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TODOROO OR THROUGH THE SERVICES, TODOROO CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TODOROO OR THROUGH THE SERVICES, TODOROO CONTENT OR Public User Content, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold Todoroo, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to Todoroo, your access to or use of the Services or Todoroo Content, or your violation of these Terms of Service.
You agree to defend, indemnify, and hold Todoroo, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Public User Content you submit to Todoroo, your access to or use of the Services or Todoroo Content, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER TODOROO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR TODOROO CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TODOROO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TODOROO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TODOROO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER TODOROO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR TODOROO CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TODOROO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT TODOROO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, TODOROO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY Public User Content OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.
IN NO EVENT WILL TODOROO'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TODOROO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Tim Su
14 years ago