Websites & Communications Terms of Use
June 23, 2016
Terms of Use
1. Introduction
Please read the terms of this entire document (“Terms”) carefully because it explains your rights and responsibilities when you visit any of Braidco’s websites (“Websites”), or related feeds, social media, newsletters, source code repositories, and emails (together with Websites, these are collectively referred to as “Communications”). By accessing or signing up to receive Communications, you agree to be bound by these Terms.
Our Websites include Braidco.net.
2. Account Registration
Some Websites require you to register for an account in order to access additional features of a Website or another Braidco service. If applicable, additional terms will be presented to you. You are responsible for all activities under your account.
Some Websites allow you to create a username during registration. Your use of a username must comply with the Conditions of Use (see below).
3. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Apple, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Braidco’s express prior written consent.
You may use information on Braidco products and services (such as papers, books, articles, data sheets, knowledge base articles, and similar materials) purposely made available by Braidco for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
4. Content Submissions
You may contribute Content when interacting with our Communications, including but not limited to commenting on an article, blogging, contributing code, or contributing graphics or written material (each a “Submission”). Unless your Submission is made under a separate agreement with Braidco, in which case that agreement will govern, then
For all Submissions, you agree to the following in connection with each:
You represent and warrant that your Submission will comply with these Terms, the Conditions of Use (see below) and any additional terms that may govern your Submission.
You hereby grant us a nonexclusive, royalty-free, worldwide, sublicensable (to those we work with) license to use your Submission in connection with the Communications and online and offline promotion of Braidco’s mission, products and services.
You acknowledge that your Submissions may be accessible by other registered users of the applicable service or the public.
If your Submission contains expressive material or software code, you agree to license it in a manner that is compatible with the particular Website you are making a Submission to.
You represent and warrant that you have the rights necessary to grant the rights granted herein, and further, that the uses contemplated under these Terms will not infringe the proprietary or intellectual property rights of any third party.
You understand and agree that Braidco reserves the right, at its discretion, to review, modify, or remove any Submission that it deems is objectionable or in violation of these Terms.
5. Privacy Policy
The Braidco Privacy Policy describes how we handle information that we receive from you in connection with our Communications.
6. Communications and Events
If you subscribe to receive our newsletters or register for an account in connection with any of our Websites, you may receive transactional emails from us in connection with your account (for example, legal, privacy, and security updates).
Some of our Websites have online tools that allow you to send emails to others. For example, inviting others to events or other communications. You agree not to misuse others’ email addresses (for example, by spamming them).
7. Notice of Claimed Infringement
If you wish to report alleged claims of copyright or trademark infringement, please send a DMCA Notice using our Contact Form.
8. Term; Termination
These Terms will continue to apply until ended by either you or Braidco. You can choose to end them at any time for any reason by discontinuing your use of our Communications and, if applicable, deleting your account.
We may suspend or terminate your access to our Communications at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, our Acceptable Use Policy, or other relevant policy; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Communications to you is no longer commercially viable.
In all such cases, these Terms shall terminate, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability, Miscellaneous.
9. Indemnification
You agree to defend, indemnify and hold harmless Braidco, its contractors, contributors, licensors, and partners; and the respective directors, officers, employees and agents of the foregoing ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of our Communications (including, but not limited to, from your Submissions or from your violation of any these Terms).
10. Disclaimer; Limitation of Liability
THE COMMUNICATIONS ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, BRAIDCO AND THE INDEMNIFIED PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE COMMUNICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO USING THE COMMUNICATIONS FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR HARDWARE, SOFTWARE, OR CONTENT IS DELETED OR CORRUPTED, THAT SOMEONE ELSE GAINS UNAUTHORIZED ACCESS TO YOUR INFORMATION, OR THAT ANOTHER USER MISUSES OR MISAPPROPRIATES YOUR SUBMISSION. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT AS REQUIRED BY LAW, BRAIDCO AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF BRAIDCO AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
11. Modifications to these Terms
We may update these Terms from time to time to address a new feature of the Communications or to clarify a provision. The updated Terms will be posted online. If the changes are substantive, we will announce the update through our usual channels for such announcements such as blog posts, banners, emails, or forums. Your continued use of our Communications after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page.
12. Miscellaneous
These Terms constitute the entire agreement between you and Braidco concerning our Communications and supersede any prior versions of these Terms. The Communications and these Terms are governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions. All claims and disputes arising out of the Communications or these Terms shall be brought exclusively in the courts of Travis County, Texas, and you consent to personal jurisdiction in those courts. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these Terms and the English language version, the English language version shall control. In the event of a conflict between these Terms and relevant additional terms, the additional terms shall control.
13. Conditions of Use
You may not use any of Braidco’s services to:
Do anything illegal or otherwise violate applicable law,
Threaten, harass, or violate the privacy rights of others; send unsolicited communications; or intercept, monitor, or modify communications not intended for you,
Harm Braidco or users such as by using viruses, spyware or malware, worms, trojan horses, time bombs or any other such malicious codes or instructions,
Deceive, mislead, defraud, phish, or commit or attempt to commit identity theft,
Engage in or promote illegal gambling,
Degrade, intimidate, incite violence against, or encourage prejudicial action against someone and/or group including someone and/or a group based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category,
Exploit or harm children,
Sell, purchase, or advertise illegal or controlled products or services,
Upload, download, transmit, display, or grant access to content that includes graphic depictions of sexuality or violence,
Collect or harvest personally identifiable information without permission. This includes, but is not limited to, account names and email addresses,
Engage in any activity that interferes with or disrupts Braidco’s services or products (or the servers and networks which are connected to Braidco’ services),
Violate the copyright, trademark, patent, or other intellectual property rights of others,
Violate any person’s rights of privacy or publicity,
You may not use any Braidco service in a way that violates the Terms of Use, Conditions of Use, or license that applies to the particular service. You also may not sell, resell, or duplicate any Braidco content, product, or service without written permission from Braidco.
These are only examples. You should not consider this a complete list, and we may update the list from time to time. Braidco reserves the right to remove any content or suspend any users that it deems in violation of these conditions.
