ADITK, LLC, a Massachusetts limited liability company (“ADITK” “the Company,” “we,” or “us,”), owns the website available at the domain name TRUFFLEHEAD.com (the “Site”) and certain content made available through the iPhone® Application linked to the Site (the “App”). This User Agreement (this “Agreement”) is the legal agreement between you and ADITK governing your use of the Site. Please read this Agreement carefully. The App and the Site are provided to you only pursuant to your acceptance all of the terms and conditions contained in this Agreement. By using the Site and the App and/or by completing the registration process, you represent and warrant that you have the legal capacity to enter into contracts, and you agree to be bound by these terms in connection with your access to, and use of, the Site and the App. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD NOT USE THE SITE AND/OR THE APP OR THEIR ASSOCIATED CONTENT.
Subject to your compliance with the terms and conditions of this Agreement, ADITK will provide the Site and/or App to you. After you have successfully completed the registration process, you will be able to upload content from the App to the Site.
2. AVAILABILITY OF SITE
You acknowledge and agree that the availability of the Internet through any medium, and your ability to use the Site and/or App is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that availability of web-based browsing is not guaranteed. ADITK is not responsible for the act or omission of any Internet provider, any limitations imposed by such provider, or such provider’s ability or inability to support the Site. You further acknowledge that ADITK does not guarantee and is not responsible for the availability or accuracy of any third-party websites, iPhone® applications, any similar Internet-ready phone applications or services accessed through the Site and/or the App, and ADITK does not endorse or warrant any such third-party websites, applications, or services. In addition and without limiting the foregoing, in no event will ADITK be liable for any error by you in using the Site and/or the App, for whatever reason.
ADITK reserves the right, in its sole discretion, to modify the Site and/or App from time to time and without notice, including by removing, adding, or modifying content. ADITK shall have no liability to you for any modification or discontinuation of the content. If you object to any such changes, your sole recourse shall be to cease using the Site and/or the App. Continued use of the Site and/or the App following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Site and/or the App as so modified.
4. LIMITATIONS ON YOUR USE
As a condition of use, you promise not to use the Site and/or the App for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by ADITK.
By way of example, and not as a limitation, you agree not to use the Site and/or the App:
- to abuse, harass, threaten, impersonate, or intimidate other ADITK users;
- to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Site and/or the App;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ADITK user;
- to create or submit unwanted email (“Spam“) to any other ADITK users or any URL;
- to violate any laws in your jurisdiction (including but not limited to copyright laws);
- to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
- to attempt to gain access to another user’s account;
- to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission (with the exception of accessing RSS feeds),
10. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Site and/or the App or any activities conducted on the Site and/or the App;
(iii) bypass any measures we may use to prevent or restrict access to the Site and/or the App: with the intention of artificially inflating or altering the ‘writer rankings’, or participating in any other organized effort that in any way artificially alters the results of ADITK’s rankings.
ADITK may remove any content or deactivate any ADITK account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Agreement abuse, please email: firstname.lastname@example.org .
5. MODIFICATION OF AGREEMENT
ADITK may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the Site and/or the App, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Site and/or the App. Continued use of the Site and/or the App following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.
ADITK may terminate or suspend your right to use the Site and/or the App in whole or in part and/or your ADITK account immediately, without prior notice or liability, if you breach any of the terms or conditions of the This Agreement. Upon termination of your account, your right to use the Site and/or the App will cease immediately.
If you wish to terminate your ADITK account, you may discontinue using the Site and/or the App by sending an email message to email@example.com with the phrase “Terminate account” in the subject field.
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR THE APP IS AT YOUR OWN RISK. THE SITE AND/OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADITK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. ADITK MAKES NO WARRANTY THAT THE SITE AND/OR THE APP. WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE AND/OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ADITK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE AND/OR THE APP OR THE RESULTS THEREOF. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE APP IS AT YOUR OWN DISCRETION AND RISK, AND ADITK MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SITE AND/OR THE APP. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE APP IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADITK OR THROUGH THE SITE AND/OR THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SITE AND/OR THE APP OR CONTENT OBTAINED THROUGH THE SITE AND/OR THE APP, IN NO WAY CONSTITUTES, MEDICAL ADVICE, AND IN NO EVENT CREATES A PHYSICIAN-PATIENT, RELATIONSHIP.
9. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ADITK OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INSURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND/OR THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF ADITK TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE AND/OR THE APP IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless ADITK, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the Site and/or the App using your password) submit or transmit through the Site and/or the App, including, but not limited to: comments, hyperlinks, embedded material, photos, video, audio, or graphics (b) your use of or access to the Site and/or the App, (c) your violation of this Agreement, (d) your violation of any rights of any third party, including, but not limited to, any intellectual property right including copyright, trademark, trade dress, trade secret, or patent, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site and/or the App.
11. INTELLECTUAL PROPERTY
Except where indicated, ADITK and/or its licensors own all right, title and interest in and to content on the Site and/or the App. All such material is protected by relevant intellectual property laws, including copyright, trademark and/or trade secret laws. Without limiting anything herein, the Site and/or the App and other material from the Site and/or the App may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and ADITK. In addition and without limiting the foregoing, all trademarks, marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the Site and/or the App are the property of ADITK and/or its affiliates, partners, licensors and/or licensees. Without limiting the foregoing, “TRUFFLEHEAD” is a service mark of ADITK. “iPhone® is a registered trademark of Apple, Inc. All other third party marks appearing on the Site and/or the App are owned by their respective applicants and registrants, and are used with permission. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.
12. USER CONTRIBUTIONS
In the event that you upload or otherwise contribute instructional videos or other content to the Site and/or the App, (each, a “Contribution”), you shall grant to ADITK, upon performing such upload or making such Contribution, a perpetual, non-exclusive, royalty-free, fully paid license to use, publish, display, distribute, modify, reproduce, make available for download, and create derivative works of such Contribution(s). The foregoing license shall include the right for ADITK to exercise copyright and publicity rights with regard to the Contribution(s) and to incorporate the Contribution(s) into the Site and/or the App. You warrant to ADITK that (i) you own all rights in and to any content you upload or any Contribution you make, (ii) any content you upload or any Contribution you make does not violate any third party’s intellectual property rights, and (iii) any such content or Contribution is neither defamatory nor violates any applicable laws. ADITK reserves the right in its sole discretion to reject any user Contributions. IF YOU DO NOT AGREE TO THE FOREGOING GRANT OF LICENSE RIGHTS AND WARRANTIES, YOU SHOULD REFRAIN FROM UPLOADING ANY CONTENT OR MAKING ANY CONTRIBUTION.
13. COPYRIGHT INFRINGEMENT CLAIMS; PROCEDURE
ADITK respects the intellectual property rights of others, but we do not independently confirm that all content made available through the ADITK the Site and/or the App is provided by a valid rights holder. In the event that ADITK becomes aware that content published on or through the Site and/or the App has been provided by a person who is not a valid rights holder, we may, in appropriate circumstances and at our discretion, disable and/or terminate the publication of such content.
In accordance with the Digital Millennium Copyright Act (DMCA), ADITK will take down posts deemed to infringe any third party rights. Additionally, ADITK will terminate, where warranted as determined in ADITK’s sole discretion, the accounts of users whom ADITK believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please send a “DMCA Notice” described below to ADITK, either at firstname.lastname@example.org or to ADITK, LLC, 86 Waban Hill Road, Chestnut Hill, MA 02467.To be effective, federal law requires your DMCA Notice to include the following information:
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that you claim is infringing, with sufficient detail so that ADITK may readily locate it.
- Information sufficient to permit ADITK to contact you such as your name, address, telephone number, and e-mail address.
- A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
14. GOVERNING LAW/LIMITATIONS ON ACTIONS/NO AGENCY
This Agreement and the relationship between you and ADITK shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Site and/or the App, must be instituted exclusively in the federal or state courts located in the Commonwealth of Massachusetts and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by any such court. ADITK may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the Site and/or the App. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and/or the App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and ADITK with respect to the subject matter herein, superseding any prior agreements or negotiations between you and ADITK with respect to the Site and/or the App.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ADITK in any respect whatsoever. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sublicensable by you except with ADITK’s prior written consent. ADITK may transfer, assign or delegate the Agreement and its rights and obligations without consent.
This policy does not apply to the practices of third parties that Trufflehead does not own or control, or to individuals whom Trufflehead does not employ or manage.
What Personal Information About Users Does Trufflehead Collect?
Our primary goal in collecting personal information is to provide you with a friendly, personalized, and efficient experience. We collect the following types of information from our users:
- Information You Provide to Us:
We receive and store any information you enter on our app or website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information we collect includes:
Registration: In order for you to upload content onto the Site, you must register on the app.
- Automatic Information:
We receive and store certain types of non-personally identifiable information whenever you interact with the Service. Trufflehead automatically receives and records certain “traffic data” on our server logs from your browser including your IP address, Trufflehead cookie information, and the page you requested.
- Trufflehead may display a counter on any page indicating the total number of times that page has been viewed. This includes member profile pages.
- Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Trufflehead cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is.
The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. You may choose to disable or reject cookies when using the Site, but, if you do so, some of Trufflehead’s most important features may be inaccessible.
How Does Trufflehead Use My Information?
- Social sharing of User Content: Trufflehead allows other users to browse content that you have posted, and forum topics you have created or responded to. Trufflehead may choose to post this data on other areas of the Site in the future without prior notice.
- Profile information: Trufflehead allows other users to browse your username, full name, and location within your member profile should you provide this optional information.
- Syndication: Trufflehead allows for the RSS syndication of all of its public content within the website.
- API: Trufflehead may allow third parties access to all Trufflehead data that are already publicly available through Trufflehead.com through an application program interface (API) which allows other programs to interact with the Site. Trufflehead will keep passwords, blog settings, and other sensitive information strictly private.
- Traffic data: Trufflehead uses these traffic data, including information gathered from cookies, to help diagnose problems with our servers, analyze trends, research the market for our services, and administer the website.
Will Trufflehead Share Any of the Information it Receives?
We will not rent or sell your personal information to anyone. We share your personal information only as described below.
- Protection of Trufflehead and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; to enforce or apply our User Agreement and other agreements; or to protect the rights, property, or safety of Trufflehead, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
- With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to prevent the sharing of this information by opting out.
Is Information About Me Secure?
- Your Trufflehead account information is protected by a password for your privacy and security. You are responsible for maintaining the secrecy of your password and account information.
- Only Trufflehead employees who need personal information to perform a specific job (for example, an app developer) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
- Trufflehead uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Trufflehead and you do so at your own risk. Once we receive your transmission of information, Trufflehead makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. This information includes your User Content. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
What Choices Do I Have?
- You can always opt not to disclose information, but then you may be unable to use certain features on our website.
- You can choose to disable or reject cookies from the Service, but you may not then be able to access certain features of the Site.
- You may request deletion of your Trufflehead account by emailing us at email@example.com.
Please e-mail us at: firstname.lastname@example.org.
©2011 ADITK, LLC. All rights reserved.