Last Updated: 9/5/2019
These terms of service (“TOS”) apply to your use of the Addressable, LLC online services that include, addressable.ai & qr8.ai (the “Websites”). By using the Websites, you represent and warrant that you are at least 18 years of age and are lawfully able to accept this TOS. These TOS do not alter in any way the terms or conditions of any other agreement you may have with Addressable, LLC or its affiliates. IF YOU CHOOSE TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS AND POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these TOS on such entity’s behalf, and that such entity agrees to indemnify Addressable, LLC for violations of these TOS.
Please note that we may change, add or remove portions of these TOS at any time, which shall become effective immediately upon posting. It is your responsibility to review these TOS, and your continued use of this Website indicates your acceptance of these changes. When we make changes, we will revise the “Last Updated” date at the top of the TOS.
Ownership of the Website and Its Contents
The Websites are owned by Addressable, LLC. Unless otherwise indicated, all of the content featured or displayed on the Websites, including, but not limited to, news articles, text, graphics, data, photographs, video clips, audio clips, illustrations, software, and the selection and arrangement thereof (the “Addressable, LLC Content”) are owned or licensed by either a) Addressable, LLC, b) its news providers and/or c) its image providers (together with its news providers, the “Licensors”). All elements of the Website, including the Addressable, LLC Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
The contents of the Websites are intended for your personal, noncommercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Addressable, LLC Content in whole or in part. Without limiting the generality of the foregoing, you may not distribute any part of this site or any content thereon over any network, or sell or offer it for sale. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Addressable, LLC has adopted a policy of terminating, in appropriate circumstances and at Addressable, LLC’ sole discretion, account holders who infringe the intellectual property rights of Addressable, LLC or any third party.
If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Addressable, LLC Legal Department
E-mail: legal [at] addressable [dot] ai
We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.
The Addressable, LLC name and logo, and any other Addressable, LLC product name, service name, or slogan on the Website are trademarks of Addressable, LLC and/or its Licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Addressable, LLC or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Addressable, LLC” or any other name, trademark or product or service name of Addressable, LLC or the Licensors without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Addressable, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, news organizations or other information does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Website contains links to other related websites and resources. Addressable, LLC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Addressable, LLC of any site or any information contained therein. When you leave the Website, you should be aware that the TOS no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Addressable, LLC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Third-Party Services and Linked Websites
Addressable LLC, provides tools that enable you to import and export information, including User Content, to and from third-party services, including through features that allow you to link your account on Addressable LLC with an account on a third-party service, such as Twitter or Facebook. By using one of these tools, you agree that Addressable LLC may transfer that information to and from the applicable third party service. Third-party services are not under Addressable LLC’s control, and Addressable LLC is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Addressable LLC’s control, and Addressable LLC is not responsible for their content.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses.
User Content Generally
Certain features of the Service may permit users to upload content to the Service, including photographs, text, graphics, links, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
Limited License Grant to Addressable LLC
By providing User Content to or via the Service, you grant Addressable LLC a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, adapt, create derivative works of, reformat, translate, excerpt (in whole or in part), publish and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
User Content Representations and Warranties
Addressable LLC disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Addressable LLC and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this TOS, in the manner contemplated by Addressable LLC, the Service, and these Terms;
your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Addressable LLC to violate any law or regulation; and
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users upload or publish, and will not be in any way responsible or liable for User Content. Addressable LLC may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Addressable LLC with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Addressable LLC does not permit copyright-infringing activities on the Service.
BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
modify or create derivatives of any part of the Service;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Addressable LLC’s systems or networks, or any systems or networks connected to the Service or Addressable LLC;
sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this TOS or assist or permit any person in engaging in any of the acts described in this TOS.
The Website may include discussion forums or other interactive areas in which you or third parties create, post or store content, messages, comments, or other items on the Website (“Interactive Areas”). By using any Interactive Areas, you agree not to delete or revise any User Content posted by a third party, or to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contractual right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
Private information of yourself or any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of Addressable, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which adversely affects the availability of resources to other users, which may expose Addressable, LLC or its users to any harm or liability of any type, or which may cause injury to any person or entity.
Although Addressable, LLC has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Addressable, LLC reserves the right, at its discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason, or terminate your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Addressable, LLC may access, use or disclose any information about you or your use of this Website, including without limitation any User Content to comply with the law or any legal process. If you post User Content to the Website, unless we indicate otherwise, you grant Addressable, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media now known or hereinafter created. You grant Addressable, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose.
You agree to defend, indemnify and hold harmless Addressable, LLC, its affiliates, employees, agents, third party information providers, independent contractors and the Licensors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the TOS or of any representation or warranty contained herein, your unauthorized use of the Addressable, LLC Content, or your violation of any rights of another.
Addressable, LLC makes no representations or warranties as to the Addressable, LLC Content’s accuracy, correctness or reliability. Addressable, LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Addressable, LLC Content or your use of this Website, including, but not limited to, claims for defamation, libel, slander, infringement of copyrights or trademarks, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Furthermore, Addressable, LLC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website by any user, the Licensors or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE Addressable, LLC CONTENT IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Addressable, LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE Addressable, LLC CONTENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE Addressable, LLC CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL Addressable, LLC, ITS DIRECTORS, MEMBERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE Addressable, LLC CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE.
Applicable Law and Venue
These TOS have been made in and shall be construed and enforced in accordance with Delaware law. Any action to enforce these TOS shall be brought in the state or federal courts located in Delaware.
Any waiver of any provision of the TOS will be effective only if in writing signed by Addressable, LLC. If any clause in these TOS is found to be unenforceable, this shall not affect any other clause or the remainder of these TOS, which will remain in full force and effect. Any rights not expressly granted herein are reserved.
Questions and Contact Information
Questions or comments about the TOS may be directed to Addressable, LLC at legal [at] addresssable [dot] ai
© 2019 Addressable, LLC. All rights reserved.