These Website Terms of Use (the "Terms of Use") are a legal contract between you ("you" or the "User") and Capturiant and its affiliates and subsidiaries (collectively referred to as "Capturiant,""we" or "us"), (individually referred to as a "Party" and collectively the "Parties"). The Terms of Use explain how you are permitted to use the Capturiant Website.
Table of Contents
1. Acceptance of Terms of Use
2. Changes to the Terms of Use
3. Modifications of these T&Cs
4. Intellectual Property Rights
5. Trademarks
6. Copyright Policy
7. Prohibited Uses
8. Access Subject to Local Restrictions
9. Monitoring and Enforcement
10. No Reliance on Information Posted; Changes
11. Information About You and Your Visits to Capturiant Website
12. Links from Capturiant Website
13. Linking to the Capturiant Website
14. Disclaimer of Warranties
15. Governing Law and Jurisdiction
16. Conflict with Additional Terms
17. Waiver and Severability
18. Term and Termination
19. General
1.1. These Terms of Use are entered into by and between you and Capturiant. These Terms of Use, together with any documents expressly incorporated herein by reference, govern your access and use of the website https://capturiant.com and any content, documents, text, graphics, interfaces, photographs, sounds, audio, video, artwork, information, data, materials, software, functionality and services offered on or through https://capturiant.com (collectively, the "Capturiant Website"), whether as a guest or a registered user. The Capturiant Website owned and operated by Capturiant, a limited liability company incorporated in the United States whose registered office is at 333 W. Loop N Suite 333, Houston, TX 77024 USA.
1.2. Please read the Terms of Use carefully before you start to use the Capturiant Website. By using the Capturiant Website to access and use any content, you accept and agree to be bound and abide by these Terms of Use and acknowledge receipt of our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Capturiant Website.
1.3. The Capturiant Website is offered and available to users who are 18 years of age or older and able to form legally binding agreements.By using the Capturiant Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Capturiant Website.
2.1. Capturiant may revise and update these Terms of Use and the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Capturiant Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law andJurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Capturiant Website.
2.2. Your continued use of the Capturiant Website following the posting of revised Terms of Use means that you accept and agree to the changes and acknowledge receipt of the Privacy Policy. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree to these Terms of Use, do not use the Capturiant Website.
3.1. Capturiant reserves the right to withdraw or amend the Capturiant Website, and any service or material we provide on the Capturiant Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Capturiant Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Capturiant Website, or the entire Capturiant Website, to users, including registered users.
3.2. You are responsible for both:
3.2.1. Making all arrangements necessary for you to have access to the Capturiant Website.
3.2.2. Ensuring that all persons who access the Capturiant Website through your internet connection are aware of these Terms of Use and comply with them.
3.3. To access the Capturiant Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Capturiant Website that all the information you provide on the Capturiant Website is correct, current, and complete. You agree that all information you provide to register as a member with the Capturiant Website or otherwise, including, but not limited to, through the use of any interactive features on the Capturiant Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
3.4. If you choose, or are provided with, a username, password, or any other piece of information aspart of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Capturiant Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are notable to view or record your password or other personal information.
3.5. Capturiant has the right to disable any member account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
4.1. The Capturiant Website, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Capturiant, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. These Terms of Use permit you to use the Capturiant Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Capturiant Website, except as follows:
4.2.1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
4.2.2. You may store files that are automatically cached by your web browser for display enhancement purposes.
4.2.3. You may print or download one copy of a reasonable number of pages of the Capturiant Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4.2.4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
4.2.5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
4.3. You must not:
4.3.1. Modify copies of any materials from the Capturiant Website.
4.3.2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Capturiant Website.
4.3.3. Take any action inconsistent with Capturiant’s ownership of and rights in the Capturiant Website or violate any law or regulations concerning data protection.
4.4. Unless expressly permitted by us in writing, such as through terms or conditions applicable to limited access portions of the Capturiant Website, you must not access or use for any commercial purposes any part of the Capturiant Website or any services or materials available through the Capturiant Website.
4.5. If you wish to make any use of material on the Capturiant Website other than that set out in this section, please address your request to: legal@capuriant.com with the subject line "Capturiant Terms of Use."
4.6. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Capturiant Website in breach of the Terms of Use, your right to use the Capturiant Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Capturiant Website or any content on the Capturiant Website is transferred to you, and all rights not expressly granted are reserved by us.Any use of the Capturiant Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
5.1. The Capturiant name, the Terms of Use, our trademarks for Capturiant and the Capturiant logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Capturiant or its affiliates or licensors.
5.2. You have no permission to use any such trademarks without the prior written permission of Capturiant. All other names, logos, product and service names, designs and slogans on the Capturiant Website are the trademarks of their respective owners.
6.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Capturiant Website infringe your copyright, you may request removal of those materials (or access to them) from the Capturiant Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement LiabilityLimitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
6.1.1. Your physical or electronic signature.
6.1.2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Capturiant Website, a representative list of such works.
6.1.3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
6.1.4. Adequate information by which we can contact you (includingyour name, postal address, telephone number, and, if available, email address).
6.1.5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6.1.6. A statement that the information in the written notice is accurate.
6.1.7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6.2. Our designated copyright agent to receive DMCA Notices is:
S.Ryan Reneau, Chief Compliance Officer
Capturiant
720 N Post Oak Rd Suite 400, Houston, TX 77024
713-893-9600
legal@capturiant.com
6.3. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCANotice may not be effective.
6.4. Please be aware that if you knowingly materially misrepresent that material or activity on the Capturiant Website is infringing your copyright, you may be held liable for damages(including costs and attorneys' fees) under Section 512(f) of the DMCA.
6.5. It is our policy inappropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
7.1. You may use the Capturiant Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Capturiant Website:
7.1.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
7.1.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
7.1.3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in theseTerms of Use.
7.1.4. To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any"junk mail," "chain letter," "spam," or any other similar solicitation.
7.1.5. To impersonate or attempt to impersonate Capturiant, a Capturiant employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
7.1.6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Capturiant Website, or which, as determined by us, may harm us or users of the Capturiant Website, or expose them to liability.
7.2. Additionally, you agree not to:
7.2.1. Use the Capturiant Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Capturiant Website, including their ability to engage in real time activities through the Capturiant Website.
7.2.2. Use any robot, spider, or other automatic device, process, or means to access the Capturiant Website for any purpose, including monitoring or copying any of the material on the Capturiant Website.
7.2.3. Use any manual process to monitor or copy any of the material on the Capturiant Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
7.2.4. Use any device, software, or routine that interferes with the proper working of the Capturiant Website.
7.2.5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7.2.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Capturiant Website, the server on which the Capturiant Website is stored, or any server, computer, or database connected to the Capturiant Website.
7.2.7. Attack the Capturiant Website via a denial-of-service attack or a distributed denial-of-service attack.
7.2.8. Otherwise attempt to interfere with the proper working of the Capturiant Website.
8.1. The Capturiant Website and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where:
8.1.1. the distribution of such information or functionality is contrary to the laws of such jurisdiction or
8.1.2. such distribution is prohibited without Capturiant obtaining the necessary licenses or authorizations and such have not been obtained.
9.1. We have the right to:
9.1.1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Capturiant Website.
9.1.2. Terminate or suspend your access to all or part of the Capturiant Website for any or no reason, including without limitation, any violation of these Terms of Use.
9.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or posting any information on or through the Capturiant Website. YOU WAIVE AND HOLD HARMLESS CAPTURIANT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
9.3. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.1. The information presented on or through the Capturiant Website is made available solely for general information purposes, should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Capturiant Website, or by anyone who may be informed of any of its contents.
10.2. The Capturiant Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Capturiant. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10.3. We may update the content on the Capturiant Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Capturiant Website may be out of date at any given time, and we are under no obligation to update such material.
11.1. All information we collect on the Capturiant Website is subject to our Privacy Policy. By using the Capturiant Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
12.1. If the Capturiant Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Capturiant Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12.2. Capturiant disclaims all liability for the quality, content, nature, or reliability of sites accessible by hyperlink from the Capturiant Website, or sites linking to the Capturiant Website.
12.3. The inclusion of any link does not imply any affiliation, endorsement or adoption by Capturiant of a linked site or any information contained therein.
13.1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Capturiant Website must not be framed on any other website.
13.2. You must not establish a link from any website that is not owned by You. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the ContentStandards in these Terms of Use.
13.3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. Capturiant reserves the right to withdraw linking permission without notice.
14.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Capturiant Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
14.2. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BYA DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
14.3. YOUR USE OF THE CAPTURIANT WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CAPTURIANT WEBSITE.WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE CAPTURIANT WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE WILL BE ACCURATE,RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CAPTURIANT WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CAPTURIANT WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.4. TO THE FULLEST EXTENT PROVIDED BY LAW, CAPTURIANT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
14.5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.1. All matters relating to the Capturiant Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
15.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Capturiant Website shall be instituted exclusively in the federal courts of the United States or the courts of theState of Texas, in each case located in the City of Houston and County of Harris, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16.1. The Terms of Use constitute the sole and entire agreement between you and us regarding the Capturiant Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Capturiant Website. Use of or access to certain web pages or areas on the Capturiant Website may be subject to additional terms, conditions, disclosures and disclaimers (together "AdditionalTerms"). In the event of a conflict, the terms of the Additional Terms shall take precedence and supersede and control over these Terms of Use.
17.1. No waiver by Capturiant us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17.2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use shall remain in full force and effect
18.1. The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Capturiant, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of the Capturiant Website at any time and for any reason whatsoever, without notice or liability. Capturiant will not be liable to you or any third party for any suspension or termination of your access to or use of the Capturiant Website.
18.2. These Terms of Use will remain in full force and effect while you use the Capturiant Website or its content and, notwithstanding anything herein to the contrary, these Terms of Use will remain in effect after your status as a User is terminated.
18.3. If Capturiant does take any legal action against you as a result of your violation of these Terms of Use or other use of the Capturiant Website, Capturiant will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to Capturiant. You agree that Capturiant will not be liable to you or to any third party for termination of your access to this website.
19.1. You and Capturiant are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19.2. Capturiant may assign this Agreement by providing notice to you. You may not assign this Agreement, nor any of its rights or obligations, without Capturiant’s prior express written consent.
[Last Updated on 08.01.2023]