Terms of Service
Confide, Inc. (“
Confide”) is pleased to offer you the ability to send and receive encrypted messages (“
Messages”) that will self-destruct after a pre-set period of time (the “
Service”). We make the Service available to you through a variety of Internet-enabled devices, including smart phones and tablets (collectively, “
Devices”). Portions of the Service may also be available to you through our website at getconfide.com (the “
Website”).
We provide our Service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By accessing and using the Website or the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our
Privacy Policy, which is hereby incorporated by reference (collectively, this “
Agreement”). If you do not agree to any of these terms, then please do not access or use the Website or the Service.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our
Privacy Policy.
1.
RESTRICTIONS
The Service is available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
2.
REGISTRATION
In order to use the Service, you must register with us. During the registration process, we will ask you to create an account, which includes a sign-in name (“
Sign-In Name”), a password (“
Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“
Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Service using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Confide will not be liable for any loss or damage caused by any unauthorized use of your account.
3.
COMMUNITY GUIDELINES
Our community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Website or the Service, you hereby agree to comply with these community guidelines the (“
Guidelines”) and that:
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Whenever you’re using the Website or the Service, you will comply at all times with our Acceptable Use Policy, which is below as Schedule A;
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You will not use the Website or the Service for any unlawful purpose, including, without limitation, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating content;
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You will not access or use the Website or the Service to collect any market research for a competing business;
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You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Service;
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You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
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You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; and
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You will not interfere with or attempt to interrupt the proper operation of the Website or the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website or the Service through hacking, password or data mining, or any other means.
Please let us know about inappropriate behavior. If you find something that violates our Guidelines, let us know by sending us an e-mail to
[email protected], and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Website or the Service, or any portion of them, without notice.
4.
INTELLECTUAL PROPERTY
The Website and Service contain material, such as software, text, graphics, images, and other material provided by or on behalf of Confide (collectively, the “
Content”). The Content presented to you as part of the Website and/or the Service, including, but not limited to, advertisements, may be owned by us or by third parties and is protected by intellectual property rights under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. The trademarks, service marks, and logos of Confide (the “
Confide Trademarks”) used and displayed on the Website and/or Service are registered and unregistered trademarks or service marks of Confide. Other company, product, and service names located on the Website and/or Service may be trademarks or service marks owned by others (the “
Third-Party Trademarks,” and, collectively with Confide Trademarks, the “
Trademarks”). Nothing on the Website or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the Confide Trademarks inures to our benefit.
Elements of the Website and the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors
5.
COMMUNICATIONS WITH US
With respect to any communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation to you.
6.
NO WARRANTIES; LIMITATION OF LIABILITY
YOU AGREE THAT YOU USE THE WEBSITE AND THE SERVICE AT YOUR OWN RISK.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICE: (I) WILL OPERATE ERROR-FREE OR THAT THEY ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; (II) ARE SUITABLE FOR YOUR PARTICULAR INDUSTRY OR INTENDED USE; OR (III) COMPLY WITH THE LAWS, REGULATIONS, OR SELF-REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOUR COMPANY OR INDUSTRY OR YOUR COMPANY’S POLICIES, INCLUDING, WITHOUT LIMITATION, ITS DOCUMENT AND DATA RETENTION AND DESTRUCTION POLICY. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE OR THE SERVICE FROM WHATEVER CAUSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOST PROFITS, LOSS OF GOODWILL, OR SIMILAR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY – OR IN FACT KNEW – OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR LIABILITY TO YOU – OR ANY THIRD PARTY CLAIMING RIGHTS THROUGH YOU – EXCEED THE FEES ACTUALLY PAID TO CONFIDE BY YOU IN THE PERIOD SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM.
7.
EXTERNAL SITES
The Website and the Service may contain links to third-party websites or may otherwise allow you to gain access to third-party websites (“
External Sites”). These links and/or access to such External Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
8.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement and/or your access to, use, or misuse of the Website or the Service. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
9.
COMPLIANCE WITH APPLICABLE LAWS
The Website and the Service are based in the United States. We make no claims concerning whether the Website or the Service may be used or are appropriate for use outside of the United States or for your particular industry, company, or intended use. As noted above, you access and use the Website and the Service at your own risk. You are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction and industry.
10.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or the Service at any time without prior notice or liability. You may terminate this Agreement by contacting us at
[email protected].
11.
DIGITAL MILLENNIUM COPYRIGHT ACT
Confide respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “
Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Confide, Inc.
Attention: DMCA
1123 Broadway, Suite 807
New York, NY 10010
If you believe that your work has been copied on the Website or via the Service in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12.
COMMUNICATIONS DECENCY ACT NOTICE
Confide is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Messages sent by our users is limited as described therein. We are not responsible for any Messages of our users. We neither warrant the accuracy of Messages or exercise any editorial control over Messages, nor do we assume any legal obligation for editorial control of Messages or liability in connection with Messages, including any responsibility or liability for investigating or verifying the accuracy of any Messages. In fact, as noted in our
Privacy Policy, we do not read encrypted Messages.
13.
MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of law provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Website and the Service shall be deemed passive that do not give rise to personal jurisdiction over Confide, either specific or general, in jurisdictions other than New York.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICE MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect.
The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Communications With Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement, including
Schedule A, constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2017 Confide, Inc. All rights reserved.