Website and App Terms of Service
Last updated on August 19, 2012
These terms and conditions (the “Terms of Service”) govern your access to and use of SilviaTerra’s website and mobile applications that link to or reference these Terms of Service (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms of Service and entering into a legally binding contract with SilviaTerra LLC (“SilviaTerra”). Do not use or access the Service if you are unwilling to be bound by these Terms of Service.
Changes to Terms of Service
We may modify these Terms of Service at any time without giving you prior notice. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of the page the date that revisions were last made. Any such changes will be effective upon our posting. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification.
Use of the Service
Except for the Plot Hound™ application, which may be used by you for commercial purposes, you may use the Service and the text, images, photos, audio, video, and all other forms of data or communication that we create and/or make available in connection with the Service (singly or collectively, the “SilviaTerra Content”) solely for your non-commercial, personal purposes and/or to learn about our products and services. No right, title, or interest in any SilviaTerra Content is transferred to you, whether as a result of downloading such SilviaTerra Content, use of a SilviaTerra mobile application, or otherwise. We reserve complete title and full intellectual property rights in the Service and all SilviaTerra Content. Except as expressly authorized by these Terms of Service, you may not use, alter, copy, distribute, transmit, or derive another work from any SilviaTerra Content, except as expressly permitted by these Terms of Service.
You agree to use the Service only for lawful purposes. You agree not to take any action that might compromise the security of the Service, render the Service inaccessible to others, or otherwise cause damage to the Service or the SilviaTerra Content. You agree not to add to, subtract from, or otherwise modify the SilviaTerra Content, or to attempt to access any SilviaTerra Content that is not intended for you. You agree that you will not violate these Terms of Service or use the Service in any manner that might interfere with the rights of any third party.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
User Supplied Information
You understand and agree that we may use any information submitted or transmitted by you to us, including information collected by you using the Plot Hound™ application and uploaded to us, (collectively, “User Supplied Information”) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, and promoting and distributing it. Accordingly, you hereby irrevocably grant us perpetual world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use your User Supplied Information for any purpose. You also irrevocably grant the users of the Service the right to access your User Supplied Information in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against SilviaTerra and its users any claims and assertions of moral rights or attribution with respect to your User Supplied Information. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your User Supplied Information.
If you submit any User Supplied Information to us, you represent and warrant that (1) you are the sole author of such User Supplied Information, and such User Supplied Information is not copied from or based on, in whole or in part, any other work, except for work in the "public domain" or which we provide, (2) our use of such User Supplied Information will not violate or infringe any right of you or any third party, and (3) no pending or threatened claim or legal proceeding exists with respect to such User Supplied Information.
We and other parties are the exclusive copyright owners of all works of authorship contained in or associated with the SilviaTerra Content and the Service, including without limitation source code and content. You may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit such materials without the prior written permission of authorized representatives of their copyright owners, unless allowed by applicable law.
We and other parties are the exclusive owners of the names, logos, trademarks, service marks, and trade dress contained in or associated with the SilviaTerra Content and the Service (collectively, the "Trademarks"). You may not use any of the Trademarks without the prior written permission of authorized representatives of the Trademark owners, unless allowed by applicable law.
Links to Third-Party Web Sites
We may provide links on the Service to websites or other properties of unaffiliated third parties (each a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
SilviaTerra can not and does not guarantee or warrant that files available for downloading through the Service will be free of infection by software viruses or other harmful computer code, files, or programs.
Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE SERVICE AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON THE SERVICE. THE SERVICE AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES (1) REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE SERVICE, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION CONTAINED IN THE SERVICE MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (1) YOUR USE OF OR INABILITY TO USE THE SERVICE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE SERVICE, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE, (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR THE INFORMATION CONTAINED THEREIN, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SERVICE OR THE INFORMATION CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY MATTER RELATED TO THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL IN NO EVENT EXCEED $100.00.
You agree to indemnify and hold SilviaTerra, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party due to or arising out of (1) your access to or use of the Service, (2) your violation of these Terms of Service, or (3) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SilviaTerra reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of SilviaTerra. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Unsolicited Idea Submission Policy
We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. Please do not send us your unsolicited ideas. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become our property, without any compensation to you, (2) we will have no obligation to return your idea to you or respond to you in any way, (3) we will have no obligation to keep your idea confidential, and (4) we may use your idea for any purpose whatsoever, including giving your idea to others.
However, we do welcome feedback regarding many areas of our existing businesses that will help satisfy customer's needs, and feedback can be provided through the listed contact areas on our website. Any feedback you provide will be deemed User Supplied Information and subject to the terms governing such information described above.
Any controversy or claim relating to these Terms of Service or the Service will be governed by the laws of the state of Connecticut, without regard to the principles of conflicts of laws thereof. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW HAVEN COUNTY, CONNECTICUT. You must commence any legal action against us within two (2) years after the alleged harm initially occurs. Failure to commence the action within that period will forever bar any claims or causes of action regarding the same facts or occurrence.
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- These Terms of Service contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. You and we acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
- Any failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
- If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
- These Terms of Service are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms of Service will be void.
- The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.