TERMS OF SERVICE
Last Updated: 28 June 2018
BotMaven is a brand of Emparia, LLC. Below are the terms of service (“Terms”, “Terms of Service”) of Emparia, LLC (“Emparia,” “we,” or “us”), applicable when you use sites, services, mobile applications, products, and content provided by Emparia, globally, in existence now or in the future (“Emparia Services”, the “Service”). Please read them carefully.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing firstname.lastname@example.org.
Changes to these Terms
Although most changes are likely to be minor,Emparia may change its Terms from time to time, and in Emparia’s sole discretion. Although Emparia intends to notify users of Emparia Services of any major changes to its Terms, we nonetheless encourage visitors to frequently check this page for any changes. Your continued use of the Service after any change in these Terms will constitute your acceptance of such change.
The Service is not intended for use by persons located within the European Economic Area (EEA). We do not request or accept personal information concerning or supplied by persons who are located within the EEA at the time they access the Service. If you have accessed this Service from within the EEA, you should immediately discontinue your use. If you have supplied personal information to us in violation of this provision, whether through the registration of new user accounts or otherwise, please contact us at email@example.com.
When you create an account or use another service to log in to the Service, 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 Service. If you discover or suspect any Service security breaches, please let us know as soon as possible.
Your Content & Conduct
Our Service allows users to provide links to content and to make content available by other means (e.g., making news articles available to readers within Facebook Messenger). You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, 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 Service.
You can request the removal of any content that you posted from our database by sending a request to firstname.lastname@example.org. For example, if your newspaper posted a link to its RSS feed in error and that link was sent to subscribers of the Service, you may request its removal. Once you make your request, we will make every effort to remove it within one week, but copies of your deleted content may remain in our system for some period of time. We will retain such content in our database for a maximum time period of one month and then delete it. Furthermore, although we are able to remove content from our database, we are unable to remove content directly from Facebook Messenger conversations.
You may not post, link or otherwise make available on or through the Service 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 (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 Service or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
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 Service;
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 Service, users of the Service, or third parties.
We put a lot of effort into creating the Service 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 byU.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 Service; (ii) modifying or otherwise making any derivative uses of the Service 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 Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do, or if you otherwise violate any of these Terms of Service, we may terminate your use of the Service.
Hyperlinks and Third Party Content
You may create a hyperlink to the Service. 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.
We make no claim or representation regarding and accept no responsibility for third party websites accessible from, hyperlinks from the Service, Messenger “web views” provided by the Service, or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
We are unable to review, verify or authenticate all content that is made available on the Service 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 Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE 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 SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE 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 EMPARIA, LLC 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 SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, 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 EMPARIA, LLC. 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 Service or the use of the Service by any person using your account, including any claim that your use of the Service 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 infringers. If your copyright-protected work appeared in the Service without authorization, you may submit a copyright infringement notification to email@example.com that includes the following information:
Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and email address
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be sent in by the copyright owner or an agent authorized to act on the owner’s behalf. If you choose to submit a copyright takedown request, please remember that you are initiating a legal process.
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 State of Indiana, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of Indiana and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Indiana located in Bloomington in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
If any provision of these Terms is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby and (b) the parties shall endeavour in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
These Terms constitute the entire agreement between you and Emparia, LLC regarding the use of the Service, superseding any prior agreements between you and Emparia, LLC relating to your use of the Service.
Please let us know what you think of the Service, these Terms, and BotMaven in general. When you provide us with any feedback, comments or suggestions about the Service, these Terms, or BotMaven, you assign to us your right, title, and interest in and to your feedback, comments and suggestions.
Questions & Contact Information
Questions or comments about the Service may be directed to us at the email address firstname.lastname@example.org.