Terms of Service
The following Terms of Service constitute a legal agreement between you and ReadyGraph. (“ReadyGraph”, “We” or “Us”) and governs your use of the ReadyGraph Service (the “Service”). Please read this Agreement carefully before using or registering for the Service. For purposes of this Agreement, by using or registering for the Service You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR REGISTER FOR THE SERVICE. YOU SHOULD REVIEW THE TERMS FREQUENTLY AS READYGRAPH MAY REVISE THIS AGREEMENT AT ANY TIME BY POSTING OF THE REVISED VERSION OF THIS AGREEMENT ON THE SERVICE. YOUR CONTINUED USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR CONSENT TO THE REVISED TERMS OF THE AGREEMENT.
You will not use the ReadyGraph Service for any purpose contrary to local, state, or federal laws, statutes or regulations applicable to you, including without limitation, those concerning fraud, criminal activity, financial services or consumer protection. You may not user Readygraph if you are located in a country covered by a United States embargo, including but not limited to Cote-d’Ivoire, Cuba, Democratic Republic of the Congo, Iran, Republic of the Congo, Somalia, Myanmar, North Korea, Sudan, and Syria.
DESCRIPTION OF SERVICE
ReadyGraph allows a piece of code to be placed on websites and applications that (1) allows users to discuss, share and publish activities of sites and apps on social sites like Facebook; (2) allows users to recruit more people to sites and apps by inviting their email contacts, and Facebook contacts; and (3) powers engagement and monetization features including but not limited to the ability of site and app owners to engage in email CRM. The ReadyGraph service will allow you to create on-going connection between the users of your app to increase downloads and engagement.
Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal or business enterprise information, you should not divulge your password or other security information to anyone else. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
You acknowledge and accept that: (i) when communicating with ReadyGraph customer service agents, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; and (ii) for fraud and security purposes your records are kept by ReadyGraph even after your Account is closed; and (iii) for identity validation and verification and other purposes, your information may be provided to 3rd parties: name.
We assume that prior to opening your Account on either ReadyGraph.com or on any site with features powered by ReadyGraph, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the ReadyGraph Service and you agree to indemnify ReadyGraph, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the ReadyGraph Service in violation of any law or regulation.
You must provide all requested information set out on the registration page of Our site. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, email address, bank account or credit card, or any other information that you are not legally authorized to use. You may not permit any other entity or person outside of Your business enterprise to use your Account. You will promptly update your Account details if your name, address, email address, phone number, or credit card information changes. We will notify you of any identity or security issues that delay your use of the ReadyGraph Service so as to allow you to resolve such issues, if possible.
You will use the Service in a manner consistent with applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses other than in response to information ReadyGraph requests in the information-gathering sections of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services. You will not transmit any chain letters, junk email, or similar items to other members. You are solely responsible for Your interactions with other members. Please use caution and common sense in your interactions with other members. READYGRAPH DOES NOT CONDUCT BACKGROUND CHECKS ON THE MEMBERS OR SUBSCRIBERS TO THE SERVICE although ReadyGraph reserves the right conduct any criminal background check or other screenings at any time and using available records. ReadyGraph reserves the right, but has no obligation, to monitor disputes between You and other members as well as all other activity involving You and/or other members that takes place on the Service.
You are solely responsible for the content and information You publish or display (“post”) on the Service or transmit to other members via the Service. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually suggestive, threatening, harassing, racially discriminatory, or illegal material, or any material that infringes or violates another party’s rights (including intellectual property rights and rights of privacy and publicity). You will not post any photos containing nudity, profanity, or personal information. ReadyGraph reserves the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and to otherwise remove content from the Service in Our sole discretion.
The following is a partial list of the types of actions that are prohibited under this Agreement:
You will not harass or impersonate any person or entity. You will not utilize false or multiple identities to access the Service, or to return to the Service if We have prevented You from doing so. You will not harass, solicit, or harm any member based on the information that has been displayed by means of the Service. You will not promote prostitution or solicitation thereof and will not request or make any references to a maintenance agreement or any type of financial arrangement of any kind with another member. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not imply that any of Your statements are endorsed by ReadyGraph without ReadyGraph’s prior written consent. You will not interfere with or disrupt any portion of the Service or related servers or networks connected to the Service. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not use meta tags or code or other devices containing any reference to ReadyGraph or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose. You will not modify, adapt, translate, sell, rent, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so. You will not post, email or otherwise transmit via the Service any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
All ReadyGraph Content is owned by or licensed to Us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ReadyGraph reserves all rights not expressly granted in and to the ReadyGraph Content. You agree to not engage in the use, copying, or distribution of any of the ReadyGraph Content other than as expressly permitted herein. If you download or print any ReadyGraph Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any ReadyGraph Content or enforce limitations on use of the ReadyGraph Service or Content.
ACCESS TO PUBLISHER WEBSITES AND APPS
Publisher agrees to allow the Service to post ReadyGraph’s name, logo, links and other promotional material.
Publisher hereby grants ReadyGraph a non-exclusive, worldwide, non-transferable, royalty-free license to use Publisher's name, trademarks, service marks, and logos ("Publisher Trademarks") on ReadyGraph’s website, promotional materials, and marketing collateral in connection with the Service, as well as on other sites, applications, and emails within the ReadyGraph network.
DIGITAL MILLENIUM COPYRIGHT ACT
NOTIFICATION OF CLAIMED INFRINGEMENT:
If You believe that Your work or the work of another has been copied in a way that constitutes copyright infringement or infringes on any other intellectual property right, ReadyGraph has a process in place to respond to Your concerns. ReadyGraph respects the intellectual property rights of others and this Agreement prohibits users from uploading or otherwise displaying any materials that violate another party’s intellectual property rights. When ReadyGraph receives proper notification of alleged copyright infringement, ReadyGraph will promptly remove or disable access to the allegedly infringing material. ReadyGraph will also terminate the accounts of any repeat alleged infringers in accordance with the Digital Millennium Copyright Act. If You believe that any material on the ReadyGraph powered portion of any ReadyGraph-powered site infringes upon any copyright which You own or control, You may send a written notification of such infringement to Our Designated Agent and include a) information in sufficient detail to identify the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material, b) the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf, c) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, d) information to identify the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; e) a representation that the information contained in Your Notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf, and f) Your name, mailing address, telephone number and email address. You may submit a notification of alleged copyright infringement to Our Designated Agent by mail or E-Mail as set forth below:
Copyright Agent c/o ReadyGraph Legal
20 Jay St. Suite 312
Brooklyn NY 11201
Upon receiving a proper notification of alleged copyright infringement as described above, ReadyGraph will remove or disable access to the allegedly infringing material.
FACEBOOK & OTHER THIRD PARTIES
By using the ReadyGraph Service you may enable the users of your app(s) to easily share information with others through Facebook and other third party websites. Likewise, if you are a user of a site or app that incorporates ReadyGraph, you may be able to easily share information with others through Facebook and other third party websites.
Facebook and other sites may also offer ways to manage the information You share with Us (see the Facebook or other relevant website for details). Users of any site or app powered by ReadyGraph are responsible for managing their Facebook Connect settings in their respective Facebook accounts as well as their Privacy Settings in Facebook which will determine their control over the information that is shared and who it is shared with. ReadyGraph expressly disclaims any and all liability for privacy issues that may arise from use of the ReadyGraph Service by users of your app(s).
The ReadyGraph Service allows the users apps powered ReadyGraph to connect with and invite others via their email contacts lists. The names and email addresses of people whom they invite may be used to send invitations and reminders via email.
In order to connect with others on the Service, You may use the services to send invitations either to their ReadyGraph profiles or email addresses of people You know if they have not registered with ReadyGraph. The names and email addresses of people whom You invite will be used to send Your invitations and reminders as well as to allow ReadyGraph to help expand Your network. Please note that when You send an invitation to connect to another user, that user will have access to Your email address because it is displayed in the invitation. Your ReadyGraph connections will also have access to Your email address. You may not invite anyone You do not know and trust to connect with You.
If You have a dispute with one or more of Members of ReadyGraph or a ReadyGraph powered site or app, You release ReadyGraph (and Our officers, directors, agents, subsidiaries, affiliates, joint ventures, licensees, and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way related to such dispute.
READYGRAPH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO YOU, THE USERS OF YOUR APP, OR ANY OTHER THIRD PARTIES FOR ANY HARMS, INJURIES OR LOSSES THEY MIGHT SUFFER AS A RESULT OF THE READYGRAPH EMAIL CONTACT LIST SERVICES AND FEATURES.
YOUR USER CONTENT
You represent and warrant that the information posted in Your profile or that You post on other portions of the Service that are made available to other users or to the public, including Your photograph, is posted by You and that You own or have all rights necessary to post such information. You are solely responsible for your User Content and the consequences of posting or publishing it. You grant to ReadyGraph a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your User Content including your photograph in connection with the operation of the ReadyGraph Site and the Services in any media formats and through any media channels including 3rd parites, and you grant to each other ReadyGraph user a similar non-exclusive license to access and use your User Content through the ReadyGraph Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases to grant the foregoing licenses.
TERMINATION OR MODIFICATION
You agree to defend, indemnify and hold ReadyGraph and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the ReadyGraph Service, ReadyGraph Content or User Content; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.
THE READYGRAPH SITE AND ALL CONTENT MADE AVAILABLE THROUGH THE READYGRAPH SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. READYGRAPH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE READYGRAPH SITE AND SUCH CONTENT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, READYGRAPH MAKES NO REPRESENTATION OR WARRANTY THAT THE READYGRAPH SITE OR ANY SUCH CONTENT WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL READYGRAPH OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE READYGRAPH SITE OR ANY CONTENT MADE AVAILABLE THROUGH THE READYGRAPH SITE, INCLUDING WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY READYGRAPH SITE USER, ONLINE OR OFFLINE, WHETHER OR NOT READYGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, READYGRAPH’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED $50. READYGRAPH WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS OR ANY SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS RELATING TO THE READYGRAPH SITE OR SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
ReadyGraph will not be liable to you by reason of any failure or delay in performance on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity or failure issues experienced by major telecommunications providers or a ReadyGraph co-location facility, for the duration of such event and for such further period of time that ReadyGraph may reasonably require to recover from the effects of such event.
NOTICE; CONSENT TO ELECTRONIC NOTICE
You consent to the use of (a) electronic means to complete these Terms of Service and deliver any notices pursuant to these Terms of Service, and (b) electronic records to store information related to these Terms of Service or your use of the ReadyGraph Site or Services. Any notice or other communication to be given hereunder will be in writing and given either (a) by ReadyGraph via email (in each case to the address that you provide), (b) a posting on the ReadyGraph Site or (c) by you via email to email@example.com or to such other addresses as ReadyGraph may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. These Terms of Service together with the rules and policies of ReadyGraph are incorporated herein by reference constitute the entire agreement between ReadyGraph and you with respect to your use of the ReadyGraph Site.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CHOICE OF LAW
In the unlikely event that We are unable to resolve a complaint You may have to Your satisfaction (or if We have not been able to resolve a dispute it has with You after attempting to do so informally), You and ReadyGraph each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and ReadyGraph further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
This Agreement is governed by the laws of the State of New York.