Collaaj Terms of Service
- Welcome to Collaaj! Your use of Collaaj’s services, including the services Collaaj makes available through this website, including this website, the Collaaj cloud storage system, the Collaaj (media creation software) and any other software or services offered by Collaaj in connection with any of those (the “Services”) is governed by these terms of service (the “Terms”), so please carefully read them before using the Services.
- In order to use the Services, you must first agree to the Terms, and by using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
- You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Collaaj or any of its affiliates regarding future functionality or features.
2. Your Data
- You will be able to create, upload, store and share information such as data files, images, audio, video, screen, and other multimedia content (collectively referred to below as “Data”) online using Collaaj’s Services. You retain all right, title and interest in and to this Data.
- You agree that you are solely responsible for (and that Collaaj has no responsibility to you or to any third party for) any Data that you create, upload, share or store while using the Services and for the consequences of your actions (including any loss or damage which Collaaj may suffer) as it relates to your Data or the Data of others. You agree that Collaaj has no responsibility or liability for anything that other users may do with Data that you share or otherwise make public through the Services.
- You agree that Collaaj has no responsibility or liability for the deletion or failure to store any Data and other communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up any such Data.
- Collaaj reserves the right (but shall have no obligation) to remove any or all Data from the Services. You agree to immediately take down any Data that violates the Terms, including pursuant to a takedown request from Collaaj. In the event that you elect not to comply with a request from Collaaj to take down certain Data, Collaaj reserves the right to directly take down such Data.
3. Use of Data and Personal Information
- Collaaj claims no ownership or control over any Data created, uploaded, stored, or shared by you using the Services. You retain copyright and any other rights you already hold in the Data, and you are responsible for protecting those rights, as appropriate. You acknowledge that the Services are automated (e.g., Data is uploaded and submitted using Collaaj’s proprietary software) and that Collaaj may access any Data to perform the Services, including but not limited to the following: (a) during any interruption of the Services, as necessary to restore the applicable Data; (b) to troubleshoot any issue with the Services or to help improve the Services; or (c) as deemed necessary or advisable by Collaaj to ensure compliance with these Terms or to conform to legal requirements or comply with legal process. For details, please refer to the Privacy and Security policies located here .
- In the course of creating Data or using the Services, you may provide Collaaj personally identifiable information, including contact information, username, and password (“Credentials”). Collaaj handles such information with the utmost attention, care, and security. Nonetheless, you, not Collaaj, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Collaaj promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Collaaj of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Collaaj immediately.
- Notwithstanding the above, you agree to permit Collaaj to identify you as a customer and to use your name and/or logo in Collaaj’s website and marketing materials.
4. Proprietary Rights
- You acknowledge and agree that Collaaj (or Collaaj’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Except as provided in Section 3, Collaaj acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Data that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Data (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Collaaj, you agree that you are responsible for protecting and enforcing those rights and that Collaaj has no obligation to do so on your behalf.
- Collaaj does not own any trademark or copyrights to logos of companies used in the website other than Collaaj's own logo.
5. License from Collaaj and Restrictions on Use
- Collaaj gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Collaaj as part of the Services as provided to you by Collaaj. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Collaaj, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Collaaj, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
- Collaaj may refuse to store or provide your Data for any or no reason. Collaaj may remove your Data from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If Data is stored using the Services with an expiration date, Collaaj may also delete the Data as of that date. Data that is deleted may be irretrievable.
- You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You may not access the Services for the purpose of bringing an intellectual property infringement claim against Collaaj or for the purpose of creating a product or service competitive with the Services.
- You agree that you will not upload, record, publish, post, link to, or otherwise transmit or distribute Data that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Collaaj, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
- You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
6. Pricing Terms
- Please see Collaaj’s Pricing Terms for details regarding pricing for the Services.
7. Privacy and Security Policy
- The Services shall be subject to the Privacy and Security Policy for the Services available here . You agree to the use of your Data and personal information in accordance with these Terms and Collaaj’s Privacy and Security Policy.
- By creating a Collaaj account, you consent to receive electronic communications from Collaaj (e.g., email). These communications may include, but are not limited to, notices about your account (e.g., payment authorizations, password changes and other transactional information), sales offers, marketing campaigns, and webinar invitations. You agree that any notices, agreements, disclosures or other communications we send to you electronically will satisfy any legal communication requirements. Should you wish to opt-out of these electronic communications, you may do so by clicking the "unsubscribe" link contained in such emails.
8. Modification and Termination of Services
- Collaaj is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Collaaj provides may change from time to time without prior notice to you, subject to the terms in Pricing Policy . Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services including without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.
- You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
- You agree that Collaaj, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Collaaj will not be liable to you or any third party for such termination.
- You are solely responsible for exporting your Data from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Data.
- Upon any termination of the Services or your account, these Terms will also terminate, but Sections [4.1, 8, 10, 11, and 16] shall continue to be effective after these Terms are terminated.
9. Changes to the Terms
10. DISCLAIMER OF WARRANTY
- While Collaaj strives to ensure that its Services do not alter any part of the Data, it does not guarantee that no alteration will ever occur or that what is displayed using the Services will at all times be a real-time exact rendering of the Data. Collaaj is not responsible for the accuracy, completeness appropriateness, or legality of the Data. Ultimately it is your responsibility to check that your Data as displayed using the Services is an accurate rendering of your Data as originally created. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- COLLAAJ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COLLAAJ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
- NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT COLLAAJ’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
- SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COLLAAJ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- THE LIMITATIONS ON COLLAAJ’S LIABILITY TO YOU IN SECTION 11.1 ABOVE SHALL APPLY WHETHER OR NOT COLLAAJ HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COLLAAJ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE LAST THREE MONTHS.
12. Copyright Policy
- We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent: Copyright Agent Collaaj, Inc. 2295 Bray Ave. Santa Clara, California 95050 [email@example.com]
- Include both of the following statements in the body of the Notice:
13. Other Content
- The Services or the Data created using the Services may include hyperlinks to other web sites or content or resources or email content. Collaaj may have no control over any web sites or resources which are provided by companies or persons other than Collaaj.
- You acknowledge and agree that Collaaj is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Collaaj is not liable for any loss or damage which may be incurred by you or other users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Third Party Software
- The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
- You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Collaaj under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
- These Terms, together with our Privacy and Security Policy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Collaaj to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Collaaj must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in [Santa Clara], California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.