Please read these terms carefully.
Posted: November 25, 2014
Effective: November 25, 2014
Thanks for using Collected! These terms of service ("Terms") cover your access and use to the services, software and websites ("Services") provided by Collected Inc. ("Collected") located at 1936 Fifth Ave, Pittsburgh, PA 15219.
Please read these Terms carefully. By using our Services, you are agreeing to these Terms. If you are using our Services for a business or an organization, you are agreeing to these Terms on behalf of that business or organization. If you do not agree to these Terms, you must not use these services.
Please note that Collected does not provide a warranty for using these Services.
We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on the Collected website. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Service and/or by email to the email address associated with your account. Notice of other changes may be provided via www.collected.io (the “Site”). Therefore, we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service.
Collected has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, no service, including ours, can be guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your content and personal information at your own risk.
Except for material that we license to you, we don't claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don't control, verify, or endorse the content that you and others make available on the Service.
You hereby grant Collected and its contractors the right to transmit, use and disclose content posted on the Service solely to the extent necessary to provide the Service, as otherwise permitted by these Terms, or to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, or to respond to an emergency which Collected believes in good faith requires Collected to disclose information to assist in preventing the death or serious bodily injury of any person.
You represent and warrant that: (a) you have all the rights in the content necessary for you to use the Service and to grant the rights in this Section; and (b) the storage, use or transmission of the content doesn't violate any law or these Terms.
Collected may make commercially reasonable changes to the Services from time to time. If Collected makes a material change to the Services, Collected will inform Customer, provided that Customer has subscribed with Collected to be informed about such material change.
You may use Collected, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws.
Customer will use commercially reasonable efforts to prevent unauthorized use of the Services and to terminate any unauthorized use. Customer will promptly notify Collected of any unauthorized use of, or access to, the Services of which it becomes aware.
You must not use the Service to harm others or the Service. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Collected) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:
If at any time you decide to purchase Collected’s paid subscription plans, the terms in this Section 3 apply to your “Paid Account”.
You can increase receive content suggestions from more of your Content by adding paid features to your account. We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes. We will charge tax when required.
You may cancel your Collected Paid Account at any time but you won't be issued a refund.
Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Collected in collecting such delinquent amounts, except where such delinquent amounts are due to Collected's billing inaccuracies.
If your purchase is in regards to an enterprise sale, the terms in this Section 4 apply to your “Enterprise Account”. On or after the Billing Start Date, Collected will invoice Customer the following Fees for each applicable Service: in advance for the Monthly Charge, Annual Charge or Initial Term Charge (as applicable), all of which will be set forth in the Order Form.
All payments are due thirty days from the invoice date. All payments due are in U.S. dollars unless otherwise indicated in an Order Form.
If Customer wants a Purchase Order number on its invoice, Customer will inform Collected and issue a Purchase Order to Collected. If Customer requires a Purchase Order, and fails to provide the Purchase Order to Collected, then Collected will not be obligated to provide the Services until the Purchase Order has been received by Collected. Any terms and conditions on a Purchase Order do not apply to this Agreement and are null and void.Not Required
If Customer does not require a Purchase Order number to be included on the invoice, Customer will provide Collected a waiver of the Purchase Order requirement, which may be an email to this effect. If Customer waives the Purchase Order requirement, then: (a) Collected will invoice Customer without a Purchase Order; and (b) Customer agrees to pay invoices without a Purchase Order.
You may elect one of the following subscription plans and billing options:
The subscription period for the monthly subscription plan ("Monthly Subscription Plan") will be one month. You will be billed monthly for the Monthly Subscription Plan on or about the same day each month until such time that you cancel your Monthly Subscription Plan.
Monthly Subscription Plan will automatically renew unless you cancel your Monthly Subscription Plan in accordance with these Terms at least three (3) business days prior to the renewal date.
The subscription period for an annual subscription plan (“Annual Subscription Plan”) will be one year and will automatically renew each year on the anniversary of your Annual Subscription Plan unless you cancel your Annual Subscription Plan in accordance with these Terms at least ten (10) days prior to your renewal date. You will be billed annually for the Annual Subscription Plan on or about the same day each year until such time that you cancel your Annual Subscription Plan.
For the avoidance of doubt, please note, you will not be permitted to cancel, reduce the number of seats, or downgrade the Collected plan you have selected until the anniversary of your Annual Subscription Plan. There will be no refunds for Annual Subscription Plan payments. Please be certain you are committing to a one (1) year period if you select the Annual Subscription Plan. If you are not certain, we recommend choosing the Monthly Subscription Plan.
If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
If Collected becomes aware of an End User's violation of the Agreement, then Collected may specifically request that Customer Suspend the applicable End User Account. If Customer fails to comply with Collected's request to Suspend an End User Account, then Collected may do so. The duration of any Suspension by Collected will be until the applicable End User has cured the breach, which caused the Suspension.
Notwithstanding the foregoing, if there is an Emergency Security Issue, then Collected may automatically Suspend the offending use. Suspension will be to the minimum extent and of the minimum duration required to prevent or terminate the Emergency Security Issue. If Collected Suspends an End User Account for any reason without prior notice to Customer, at Customer's request, Collected will provide Customer the reason for the Suspension as soon as is reasonably possible.
Either party may suspend performance or terminate this Agreement if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.
Customer may terminate this Agreement for any reason (or no reason) with thirty days prior written notice to Collected, provided, however, that Customer will remain obligated to pay any Fees for Services which Customer has purchased applicable to the remainder of the then-current Services Term for those Services.
If this Agreement terminates, then: (i) the rights granted by one party to the other will cease immediately (except as set forth in this Section); (ii) Collected will provide Customer access to, and the ability to export, the Customer Data for a commercially reasonable period of time at Collected's then-current rates, if applicable, for the Services; (iii) after a commercially reasonable period of time, Collected will delete Customer Data by removing pointers to it on Collected's active servers and overwriting it over time; and (iv) upon request each party will promptly use commercially reasonable efforts to return or destroy all other Confidential Information of the other party.
As between Collected and you, Collected or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Collected. In the event that you provide comments, suggestions and recommendations to Collected with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback"), You hereby grant to Collected a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant any right, title or interest in the Services, others' content in the Services, Collected trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement is:
Attn: DMCA Copyright Agent
1936 Fifth Ave
Pittsburgh, PA 15221 USA
Federal law requires your DMCA Notice to include the following information:
Customer agrees that Collected may include Customer's name or Brand Features in a list of Collected customers, online or in promotional materials. Customer also agrees that Collected may verbally reference Customer as a customer of the Collected products or services that are the subject of this Agreement. This Section is subject to Section 8.3.
All transactions using Collected's services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole; you acknowledge that we are not responsible for such content or services. We may also provide some content to you as part of the Services. However, Collected is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Collected shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Each party represents that it has full power and authority to enter into the Agreement. Each party warrants that it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable (including applicable security breach notification law). Collected warrants that it will provide the Services in accordance with the applicable SLA. Customer acknowledges and agrees that it is solely responsible for compliance with the Children's Online Privacy Protection Act of 1998, including, but not limited to, obtaining parental consent concerning collection of students' personal information used in connection with the provisioning and use of the Services by the Customer and End Users.
COLLECTED PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLECTED MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
To the extent permitted by law, You will defend Collected against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Collected's actions); or (b) violates applicable law or these Terms. Collected will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
We first want to address your concerns without needing a formal legal case. Before filing a claim against Collected, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Collected may bring a formal proceeding.
Agree to Arbitrate. You and Collected agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first accepting these Terms.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Pittsburgh (PA), or any other location we agree.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Collected will pay all arbitration fees for claims less than $10,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Collected will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Collected may assert claims, if they qualify, in small claims court in Pittsburgh (PA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Collected agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County (CA). Both you and Collected consent to venue and personal jurisdiction there.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DROPCOLLECTED, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT DROPCOLLECTED HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO DROPCOLLECTED FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.