Terms

TERMS OF SERVICE FOR SQUEAKSHARK

This Agreement was last modified on February 6, 2014

These terms of service ("Terms") apply to your access and use of Squeakshark ("Squeakshark ", “us”, “we”, “our”). These Terms of Use govern your use of Squeakshark.com (the “Website”), our mobile and desktop apps (our "Apps") and all related players, widgets, tools, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services (“Services”) provided by Squeakshark
These Terms of Use, together with our Privacy Policy, and along with any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and Squeakshark in relation to your use of the Website, Apps and Services (together, the “Platform”). Please read them carefully.

ACCEPTING THESE TERMS

If you access or use the Platform, it means you agree to be bound by all of the terms below. So, before you use the Platform, please read all of the terms. If you don't agree to all of the terms below, please do not use the Platform. Also, if a term does not make sense to you, please let us know by e-mailing support@squeakshark.com.

CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

PRIVACY POLICY

For information about how we collect and use information about users of the Platform, please check out our privacy policy available at :

THIRD-PARTY SERVICES

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Platform may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

CREATING ACCOUNTS

When you create an account or use another service to log in to the Platform, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Platform.
If you discover or suspect any Platform security breaches, please let us know as soon as possible.

YOUR CONTENT & CONDUCT

Our Platform allows you and other users to post, link and otherwise make available content.
You are responsible for the content that you make available to the Platform, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Platform, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Platform. We may format your content for display throughout the Platform, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Platform.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Platform, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of one month and then delete them.
You may not post, link and otherwise make available on or through the Platform any of the following:  * Content that is libelous, defamatory, bigoted, fraudulent or deceptive;  * Content that is illegal or unlawful, that would otherwise create liability;  * Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;  * Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);  * Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and  * Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Platform or other users:  * Use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Platform or that could damage, disable, overburden or impair the functioning of the Platform;  * Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;  * Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Platform;  * Create an account or post any content if you are not over 13 years of age years of age; and  * Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Platform, users of the Platform, or third parties.

SQUEAKSHARK MATERIALS

We put a lot of effort into creating the Platform including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Platform; (ii) modifying or otherwise making any derivative uses of the Platform or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Platform or any information contained therein; (v) reverse engineering or accessing the Platform in order to build a competitive product or service; or (vi) using the Platform other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Platform.

HYPERLINKS AND THIRD PARTY CONTENT

You may create a hyperlink to the Platform. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
Squeakshark makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Platform or websites linking to the Platform. When you leave the Platform, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Platform from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Platform. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Legal Disclaimer

THE PLATFORM AND ANY OTHER Platform AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Platform WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL Squeakshark BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR ANY OTHER PLATFORM AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO Squeakshark. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Platform or the use of the Platform by any person using your account, including any claim that your use of the Platform violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the British Columbia, Canada, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Platform or relating to your use of it, resides in the courts of the British Columbia, Canada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the British Columbia, Canada located in Vancouver, Canada in connection with any such dispute including any claim involving Platform. You further agree that you and Platform will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Platform.

Entire Agreement

These Terms constitute the entire agreement between you and Squeakshark regarding the use of the Platform, superseding any prior agreements between you and ToneDen relating to your use of the Platform.

Feedback

Please let us know what you think of the Platform, these Terms and, in general, Squeakshark. When you provide us with any feedback, comments or suggestions about the Platform, these Terms and, in general, Squeakshark, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Platform may be directed to us at the email address support@squeakshark.com

TERMS

This Agreement was last modified on Feb 6, 2015.
Our privacy policy applies to information we collect when you use or access our website, application, or just interact with us. We may change this privacy policy from time to time. Whenever we make changes to this privacy policy, the changes are effective IMMEDIATELY after we post the revised privacy policy (as indicated by revising the date at the top of our privacy policy). We encourage you to review our privacy policy whenever you access our services to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you participate in any interactive features of our services, fill out a form, request customer support, provide any contact or identifying information or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, credit card information and other contact or identifying information you choose to provide.

Information We Collect Automatically When You Use the Services

When you access or use our services, we automatically collect information about you, including:*Log Information: We log information about your use of our services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our services. *Device Information: We collect information about the computer you use to access our services, including the hardware model, and operating system and version. *Location Information: We may collect information about the location of your device each time you access or use one of our mobile applications or otherwise consent to the collection of this information. *Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer. Cookies are small data files stored on your hard drive or in your device memory that helps us to improve our services and your experience, see which areas and features of our services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our services or emails and to track count visits or understand usage and campaign effectiveness.
For more details about how we collect information, including details about cookies and how to disable them, please see "Your Information Choices" below.

Information We Collect From Other Sources

In order to provide you with access to the Service, or to provide you with better service in general, we may combine information obtained from other sources (for example, a third-party service whose application you have authorized or used to sign in) and combine that with information we collect through our services.

Use of Information

We use information about you for various purposes, including to:* Provide, maintain and improve our services* Provide services you request, process transactions and to send you related information* Send you technical notices, updates, security alerts and support and administrative messages* Respond to your comments, questions and requests and provide customer service* Communicate with you about news and information related to our service* Monitor and analyze trends, usage and activities in connection with our services* Personalize and improve our services.
By accessing and using our services, you consent to the processing and transfer of your information in and to Canada and other countries.

Sharing of Information

We may share personal information about you as follows:* With third party vendors and other service providers who need access to your information to carry out work on our behalf, such as social media services and online communities * If we believe disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request * To enforce applicable user agreements or policies, including our Terms of Service https://www.squeakshark.com/terms; and to protect us, our users or the public from harm or illegal activities * In connection with any merger, sale of Squeakshark assets, financing or acquisition of all or a portion of our business to another company * If we notify you through our services (or in our privacy policy) that the information you provide will be shared in a particular manner and you provide such information
We may also share aggregated or anonymized information that does not directly identify you.

Third Party Analytics

We may allow third parties to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and third parties to, among other things, analyze and track data, determine the popularity of certain content and other websites and better understand your online activity. Our privacy policy does not apply to, and we are not responsible for, third party cookies, web beacons or other tracking technologies and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.

Security

We take reasonable measures to help protect personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Your Information Choices

Location Information

When you first launch any of our mobile applications that collect location information, you will be asked to consent to the application's collection of this information. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. **[If you do so, our mobile applications, or certain features thereof, will no longer function.]** You may also stop our collection of location information by following the standard uninstall process to remove all of our mobile applications from your device.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our services.

Promotional Communications

We will not send promotional materials your way without your opting in.
You may opt out of receiving any promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Your British Columbia Privacy Rights

British Columbia law permits residents of British Columbia to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a British Columbia resident and would like to make such a request, please contact us at support@squeakshark.com. However, please note that under the law, Services such as ours that permit British Columbia residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please terminate your participation with our Services and Platform.

Questions & Contact Information

Questions or comments about the Platform may be directed to us at the email address support@squeakshark.com.