- Beta Services. We want you to have a fantastic experience with Beta Services, however, you are not entitled to support services during your beta testing. We will endeavor to respond to requests on a commercially reasonable basis. You assume all risk of loss or damage to your data or property by using the Beta Services.
- Who may use the Beta Services. You may use our Beta Services only if you (1) meet the Minimum Age (defined below); (2) can form a binding contract with SU, and (3) use the Beta Services in compliance with these Terms and all applicable laws. If you are entering into these Terms on behalf of your company, organization, or government agency, you represent that you have the right and authority to legally bind your organization to these Terms. “Minimum Age” means (a) 16 years old for the Netherlands, (b) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (c) 13 years old for all other countries. However, if applicable law imposes a different minimum for SU to lawfully provide the Beta Services to you (including the collection, storage and use of your information) then the Minimum Age is such different age. Any use or access by anyone under the age of 13 is prohibited, and certain features may have additional requirements and/or restrictions.
- Account and Password. When you create your SU profile, you must provide us with accurate and complete information, and you agree to update all information you use for the Beta Services to keep it accurate and complete. You agree to use a strong and secure password, and are responsible for maintaining the confidentiality of your login and password. You also agree that you will create, access, and/or use only one profile, and you will not share with any third party access to or allow access of information from your account.
- SU may contact and/or send communications to you from time to time in conjunction with your use of the Beta Services. Such communications may be in the form of (a) a banner notice on the Service, (b) an email sent to an address you provided, or (c) through other means including mobile number, telephone, or mail.
Communications may include, but not be limited to, service announcements, account verification services, marketing materials, and updates or changes regarding your SU profile or the Beta Services. You agree that SU may share your account information (such as phone number and email address) with third parties working with SU in connection with the Beta Services.
- Use of the Beta Services. The Beta Services features may include messaging and sharing of content that you provide, such as information about you, your SingularityU activities, photos, comments and other material (“Content”). The Content may be seen by other users of the Beta Services-based on the privacy setting that you select. You agree that SU is not obligated to publish any Content and can remove it in its sole discretion, without notice. SU is not responsible for examining or evaluating the Content or accuracy of any materials posted by you or third parties. The Beta Services are not available in all languages or in all countries and SU makes no representation that the Beta Services are appropriate or available for use in any particular location. To the extent you choose to access and use the Beta Services, you do so at your own initiative and agree to use the site and Beta Services only as permitted by these Terms and any applicable law or regulation (including any local laws), as well as any additional policies or guidelines SU may make available on the site.
- Feedback. You agree to provide to SU reasonable suggestions, comments and feedback regarding the Beta Services (“Feedback”). You grant SU a worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up license to Feedback for any purpose. SU can also incorporate, make, use, copy, modify, create derivative works of your feedback and distribute any SU offerings that incorporates Your feedback without paying you any royalties.
- Limited Licenses.
(a) From SU to you. Subject to these Terms and our policies (including program-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Beta Services for your personal, non-commercial use. Using our Beta Services does not give you ownership of any intellectual property rights in our Beta Services or the content you access. SU may from time to time supply you with certain SU proprietary documents, software, tools, and other materials (“Materials”). You agree that any Materials that SU provides as part of the Beta Services are licensed to you and shall be used by you only in accordance with the terms and conditions of these Terms and any separate license Terms that may accompany the Materials.
(b) From You to SU. You retain all intellectual property rights, and are responsible for, the Content you share. You grant SU a limited, non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, any information and content that you provide through the Service, without any further consent, notice and/or compensation to you or others.
- Limits. You agree not to use any Beta Services provided to you in any unauthorized way, including but not limited to, in conflict with the Community Guidelines https://singularityuglobal.org/about/community-values, by trespass, burdening network capacity, using the website or Service to transmit any computer viruses or other malware, or otherwise interfering with other users’ enjoyment of the site or Beta Services. You agree not to upload or provide illegal or inappropriate content or information, or content or information that is protected by intellectual property rights (such as copyright, trademark, etc.) for which you do not have a valid license (“Unauthorized Content”). Use of the Materials, site or Beta Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, or to otherwise engage in any illegal activities, is expressly prohibited, and you agree that SU is not in any way responsible for any such use by you.
- Security. We care about the security of our users. While we work to protect the security of Your profile account and related information, SU cannot guarantee that unauthorized third parties will not be able to defeat our security measures. By using the Beta Services, you agree this risk is acceptable to you.
- Take Down Policy and Copyright. You acknowledge and agree that SU reserves the right to remove any material (including your Content) from the site if it receives notification claiming such material is Unauthorized Content.
- No Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND BETA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SITE AND BETA SERVICES ARE AT YOUR OWN DISCRETION AND SOLE RISK. SU AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, “SU” FOR PURPOSES OF SECTIONS 13 AND 14) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, SU DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR BETA SERVICES. YOUR SOLE REMEDY AGAINST SU FOR DISSATISFACTION WITH THE SITE OR BETA SERVICES IS TO STOP USING THE SITE OR BETA SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, In NO EVENT WILL SU BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES OR FOR LOST PROFITS OR ANTICIPATED PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT SU WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES. In no event shall SU’s total liability to you under thESE Terms for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of TWENTY dollars ($20.00).
- Indemnity. At SU’s request, you agree to indemnify and hold harmless SU, its affiliates, officers, employees and agents from any demands, losses, liability, damages, claims, suits, costs or expenses (including attorneys’ fees) arising out of or related to Your violation of these Terms, or Your use of the SU site or Beta Services including, without limitation, as a result of any action or claim that any Content or any other material posted to, or linked to, the site constitutes Unauthorized Content. To the extent SU is required to provide indemnification by applicable law, SU, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the SingularityU Hub or Your use of it infringes any third party intellectual property right.
- Changes. We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on Your use of the Beta Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of the Beta Services will be deemed acceptance thereof.
- Termination. You may choose to terminate your account and/or cease using the Beta Services at any time and for any reason, although we will be sorry to see you go. SU may terminate or suspend your account at any time in SU’s sole discretion. Upon any termination of your account, all rights and licenses granted to you by SU will cease, including your right to access and use the SU site and Beta Services.
- Proprietary Rights. SU and/or its licensors and suppliers retain ownership of all right, title and interest in the SU website, Beta Services and Materials and except for those use rights expressly granted in these Terms, no other rights or licenses are granted or to be implied. You will not use such proprietary content, information or Materials in any way whatsoever that is inconsistent with these Terms or that infringes any intellectual property rights of SU or any third party. No portion of the SU site or Beta Services, including any content therein, may be redistributed, translated, modified, or reproduced in whole or in part- including scraping the site or copying Materials for posting on a SingularityU site. SU, the SU logo, SingularityU, and other SU trademarks, service marks, graphics and logos used in connection with the SU site and Beta Services are trademarks or registered trademarks of SU in the US and/or other countries. Other trademarks or logos used in connection with the SU site or Beta Services may be the trademarks of their respective owners. You are not granted any right or license in any of the foregoing trademarks, and further agree that you shall not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be contained within the SU site or the Beta Services.
- Export Control. Use of the Beta Services and Materials may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Materials may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Beta Services or Materials, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Beta Services or Materials for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
- Governing Law; Dispute Resolution. The Beta Services are managed by SU, which is located in Santa Clara County, California. You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute.
- Miscellaneous. You understand and agree that by becoming a SU website or Services user, no legal partnership or agency relationship is created between you and SU. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, the remainder of these Terms shall continue in full force and effect. Failure by SU to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision. Notices will be deemed given by SU when sent to you at the email address or mailing address you provided as part of your SU account sign-up process. All notices to SU relating to these Terms will be deemed given (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, and (c) five business days after having been sent by first class or certified mail, postage prepaid, to this SU address: Building 20 S Akron Road, MS20-1, Moffett Field, CA 94035, Attention: Legal.
You consent to receive notices by email and agree that any such notices that SU sends you electronically will satisfy any legal communication requirements. Except as otherwise stated, these Terms constitute the entire agreement between us with respect to the use of the SU website and Beta Services, and supersedes all prior understandings and agreements regarding its subject matter. If you are located in the province of Quebec, Canada, then the following clause applies to you: The parties hereby confirm that they have requested that these Terms and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
May 16, 2017 Version