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Terms & Conditions
By using the Collaboriteapp.com web site ("Service"), a service of Locofoco LLC ("Locofoco"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Locofoco reserves the right to update and change these Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: "http://collaboriteapp.com/legal/terms.html":http://collaboriteapp.com/legal/terms.html ===Account Terms=== * You may not use the Service and may not accept the Terms of Service if (a) you are not of legal age to form a binding contract with Locofoco, or (b) you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. * You must be at least thirteen years of age to use the service. * You must be a human. Accounts registered by "bots" or other automated methods are not permitted. * In order to access certain Service, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to Locofoco will always be accurate, correct, and up to date. * You are responsible for maintaining the security of your account and password. Locofoco cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. * You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages). * One person or legal entity may not maintain more than one free account. * You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). * Violation of any of these agreements will result in the termination of your Account. * While Locofoco prohibits such conduct and Content on the Service, you understand and agree that Locofoco cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. ===Account Termination=== Locofoco, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Locofoco service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Locofoco reserves the right to refuse service to anyone for any reason at any time. All of your Content may be immediately deleted from the Service upon cancellation. ===Modifications to the Service=== Locofoco reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Locofoco shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. ===Copyright and Content Ownership=== We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. You agree that you are responsible for protecting and enforcing those rights and that Locofoco has no obligation to do so on your behalf. By inviting others to edit your document, you agree and understand that they can edit, view, delete, and share your Content. Locofoco does not pre-screen Content, but Locofoco and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service. Unless you have been expressly authorized to do so in writing by Locofoco, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely to or intended to cause confusion about the owner or authorized user of such marks, names or logos. ===Privacy and your personal information=== For information about Locofoco's data protection practices, please read Locofocos's privacy policy at http://www.locofoco.com/legal/privacy.html This policy explains how Locofoco treats your personal information, and protects your privacy, when you use the Service. You agree to the use of your data in accordance with Locofoco's privacy policies. The Service may utilize public notification systems such as http://twitter.com ("Twitter") that may incorporate truncated personal information gathered at account registration. By using the Service you agree to the public display of your truncated personal information (such as your initials). ===General Conditions=== Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is only provided via email. Locofoco enables you to receive text-message notifications pertaining to your use of the Service. Your mobile phone carrier may charge you for usage. You are liable for any mobile phone charges incurred (usage, subscription, etc) as a result of your use of the Service. Standard text message charges will appear on your wireless bill, or will be deducted from your prepaid balance. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages. You understand that Locofoco uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Locofoco, or any other Locofoco service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Locofoco. Locofoco may, but has no obligation to, remove Content and Accounts containing Content that they determine in their sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Locofoco customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You agree that you are solely responsible for (and that Locofoco has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which Locofoco may suffer) of any such breach. You acknowledge and agree that while Locofoco may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Locofoco at any time, at Locofoco's discretion. If your bandwidth usage exceeds the average bandwidth usage (as determined solely by Locofoco) of other Collaborite customers, we reserve the right to immediately disable your account or throttle any features on your account until you can reduce your bandwidth consumption. Locofoco does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, service, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. You expressly understand and agree that Locofoco shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data, or other intangible losses (even if Locofoco has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service. Locofoco may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms of Service (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Service); or (B) Locofoco is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or (C) the partner with whom Locofoco offered the Service to you has terminated its relationship with Locofoco or ceased to offer the Service to you; or (D) Locofoco is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the service; or (E) the provision of the Service to you by Locofoco is, in Locofoco's opinion, no longer commercially viable. The failure of Locofoco to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Locofoco and govern your use of the Service, superceding any prior agreements between you and Locofoco (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to legal at locofoco dot com.
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