This document ("Terms and Conditions") is a legally binding Agreement between you or your organization (company, school, conference, etc.) and smallworld LLC, registered in Michigan under ID NumberF0014L that edits and commercializes the smallworld website, hereafter the "Application". smallworld provides the Application, which connects members of a community for any activity the pair decides upon (e.g. lunch, coffee, walk, etc.) in order to strengthen communities.
With the Application, smallworld also gives your organization access to an administration platform, which together represent the "Service".
By subscribing to the Service, you agree to the terms and conditions of this Agreement.
1. Changes to the Terms and Conditions
smallworld may makes changes to this Agreement at its sole discretion.
Any material changes will be communicated to you.
Your subscription to the Service after such notification of changes to this Agreement will constitute your acceptance of such changes.
2. Use of the Service
We shall make the Service available to you pursuant to this Agreement. You agree that use of the Service hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features.
As part of our responsibilities, we shall: provide our regular support for the Service to you at no additional charge, use commercially reasonable efforts to make your Service available 24 hours a day, 7 days a week, except for: planned downtime (of which we will give at least 12 hours notice), or any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
We shall also maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data.
As part of your responsibilities, you shall be responsible for users' compliance with this Agreement, and shall not make the Service available to anyone other than users, nor sell, resell, rent or lease the Service.
Content made available through the use of the Service may happen to be false, inaccurate, misleading, or otherwise objectionable. Furthermore, the Service and its related content may contain links to other websites which are completely independent of the Service. The Service makes no representation or warranty as to the accuracy, completeness, timeliness, reliability, validity, or authenticity of the information contained in any such site.
Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will smallworld be liable in any way for any Content or for any loss or damage of any kind directly or indirectly incurred or sustained by you as a result of the use of any Content posted, emailed or otherwise made available through smallworld.
You acknowledge that smallworld does not pre-screen or approve the Content, but that smallworld shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available through its Service, for violating the Terms and Conditions or for any other reason.
smallworld shall have the right and sole discretion to make any modification to the design, format, content and operation of the Service at any time, including but not limited to, the addition, removal and modification of any module, feature and function.
4. Privacy and use of information
You further acknowledge and agree that smallworld may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms and Conditions; respond to claims that any Content violates the rights of third parties; respond to claims that contact information (e.g. email address, street address, etc.) of a third party has been posted or transmitted without consent or as a form of harassment; protect the rights, property, or personal safety of smallworld any of its affiliates, subsidiaries, users or the general public.
In addition, you acknowledge and agree that smallworld may, in its sole discretion, preserve or use any Content that you might create on the Service, for the purpose of analytics and product improvement only. If smallworld makes use of this Content, it will keep your identity separate from it, and will remove every mention of your personal information. smallworld guarantees that your identity will be kept anonymous.
Subject to the limited rights granted by you when subscribing to the Service, we acquire no right, title or interest from you under this Agreement in or to your data, including any intellectual property rights therein.
You agree not to post, email, or otherwise make available Content:
- that is unlawful, inaccurate, false, deceptive, harmful, misleading, deceitful, harassing, or invasive of another's privacy;
- that impersonates any person or entity, including, but not limited to, a smallworld 's employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person's explicit consent;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains any form of advertising or solicitation if:
- posted in areas of the Site which are not designated for such purposes, or
- sent to users who have not authorized such contact in writing about other sites, products or commercial interests;
- that includes links to commercial sites or web sites, except in furtherance of the Service and in compliance with the Terms and Conditions;
- that advertises any illegal site or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains any device or computer code, files or programs that may damage, harm, interrupt, lock, disable, modify, delete, destroy or limit the functionality of any data, computer software, firmware or hardware, or any peripheral or telecommunications Services;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
6. Termination of Service
You agree that smallworld in its sole discretion, has the right (but not the obligation) to terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, if smallworld believes that you have acted inconsistently with the letter or spirit of the Terms and Conditions agreement. Further, you agree that smallworld shall not be liable to you or any third party for any termination of your access to the Site. Further, you agree not to attempt to use the Service after the termination.
7. Customer support
If you have any questions concerning your use or this Agreement, please contact smallworld 's customer service by visiting the contact section on our Site.
8. Proprietary rights
The Service is protected to the maximum extent permitted by copyright and other intellectual property and proprietary rights laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work, and/or copying or reproducing the Service or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of smallworld. You further agree not to reproduce, duplicate or copy third-party Content from the Service without the express written consent of smallworld and such third party, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although smallworld does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to smallworld an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, transferable, worldwide license to use, copy, load, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing in connection with its delivery of the Service. Furthermore, by posting Content to any public area of the Service, you automatically grant smallworld a right (but not an obligation) to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation by a third party of the Content on the Service.
9. Violation of terms
Please report any violations of the Terms and Conditions by contacting us at www.highqualityconnections.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to such breach or subsequent or similar breaches. Notwithstanding any other provision of the Terms and Conditions, smallworld retains the right to seek the remedy of specific performance of any provision contained in the Terms and Conditions, or a preliminary or permanent injunction against the breach of any such provision or in aid of the exercise of any power granted in the Terms and Conditions or any combination thereof.
10. Disclaimer of warranties
You agree that use of this Service is entirely at your own risk. The Service is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. smallworld disclaims any warranties for the security, reliability, timeliness, accuracy, completeness, and performance of the Service. smallworld disclaims any warranties for other sites, services or goods received through or advertised on the Service. smallworld disclaims any warranties for viruses or other harmful components in connection with the Service.
11. Limitations of liabilities
Under no circumstances shall smallworld be liable for direct, indirect, incidental, special, consequential or exemplary damages or losses arising from or relating to any aspect of your use of the Service, including but not limited to, whether the damages or losses arise from use or misuse of the Service, from inability to use the Service or the interruption, suspension, modification, alteration, or termination of the Service. Such limitation shall also apply with respect to damages and/or losses incurred or sustained by reason of other sites or products received through or advertised on or in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised on or in connection with the Service or any links on the Service. These limitations shall apply to the fullest extent permitted by law.
You agree to defend, indemnify and hold harmless smallworld and its subsidiaries and affiliates and their respective directors, officers, employees, agents, site providers, suppliers, successors, and assigns from any and all demands, claims, actions, proceedings, judgments, damages, losses and any other liabilities (actual and consequential, direct and indirect) of every kind or nature (including attorney fees and disbursements on a full indemnity basis and court costs), known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the Content you submit, post or make available through the Service, your use of the Service , your disputes with other subscribers or third parties, your violation of the Terms and Conditions, your breach of any of the representations and warranties herein, and/or your violation of any rights of another.
13. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
14. General information
The Terms and Conditions constitute the entire agreement between you and smallworld and govern your use of the Service, superseding any prior discussions, negotiations and agreements that might have occurred between you and smallworld.
This Agreement shall be governed and construed in accordance with the laws of United Stated of America. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the court of United Stated of America with the appropriate knowledge and expertise to deal with such dispute, controversy or claim.
This document was last updated on August 20, 2016.