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Terms of service |
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Thank you for using Signal34! These Terms of Service ("Terms") govern your access to and use of the Signal34 website, apps, APIs, and widgets (“Signal34” or the “Service”). Please read these Terms carefully and contact us if you have any questions. By accessing or using Signal34, you agree to be bound by these Terms and our Privacy Policy. |
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1. Our service Signal34 helps you explore, collect and access the best content form anywhere. To do that, we help you collect content that is relevant, interesting and valuable to you. To provide our Service, we need to be able to identify you. |
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2. Using Signal34 2.1. Who can use Signal34 You may use Signal34 only if you can legally form a binding contract with Signal34 and only in compliance with these Terms and all applicable laws. When you create your Signal34 account, you must provide us with accurate and complete information. You can’t use Signal34 if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA (European Economic Area), you may only use Signal34 if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Signal34 has been provided to us. Using Signal34 may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates. 2.2. Our license to you Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. 2.3. Commercial use of Signal34 If you want to use Signal34 for commercial purposes, you must create a business account and agree to our Business Terms of Service. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. |
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3. Your content 3.1. Posting content Signal34 allows you to post content, including links, title, tags, rating, notes and other materials. Anything that you post or otherwise make available on Signal34 is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Signal34. 3.2. How Signal34 and other users can use your content You grant Signal34 and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Signal34 solely for the purposes of operating, developing, providing, and using the Service. Nothing in these Terms restricts other legal rights Signal34 may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Signal34, for any reason. This includes User Content that we believe violates these Terms or any other policies. 3.3. How long we keep your content Following termination or deactivation of your account, or if you remove any User Content from Signal34, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes or to comply with our legal obligations. Signal34 and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on the Signal34 Service. 3.4. Feedback you provide We value hearing from our users and are always interested in learning about ways we can make Signal34 more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Signal34 does not waive any rights to use similar or related feedback previously known to Signal34, or developed by its employees, or obtained from sources other than you. |
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4. Copyright policy Signal34 has adopted a Signal34 Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. |
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5. Security We care about the security of our users. While we work to protect the security of your content and account, Signal34 can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. |
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6. Third party links, sites, and services Signal34 may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Signal34. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Signal34, you do so at your own risk and you agree that Signal34 has no liability arising from your use of or access to any third-party website, service, or content. |
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7. Termination Signal34 has the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Signal34 reserves the right to refuse service to anyone for any reason at any time. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms. 7.1 Account Cancellation It is your responsibility to properly cancel your Account with Signal34. You can cancel your Account at any time by going into your “Manage Subscription” page from the top right action menu. The page provides a simple, no questions asked cancellation link called “Delete Account”. We are not able to cancel Accounts in response to an email or phone request. 7.2 Upon Cancellation We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled. We will not delete Content that you have shared with other Users or same content that other Users have posted. Upon cancelation, we will email the Account owner a copy of your lawful, non-infringing Account contents as an attachment. |
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8. Indemnity If you use Signal34 for commercial purposes (i.e., you are not a consumer) without agreeing to our Business Terms as required by Section 2.3 of these Terms, you agree to indemnify and hold harmless Signal34, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms. |
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9. Payment You are responsible for any fees associated with your use of Signal34. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change. 9.1 Pricing Our pricing and payment terms are available on our Pricing page and or HowTo page. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term. 9.2 Upgrades, Downgrades, and Changes We will immediately bill you when you subscribe to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Signal34 will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option by going into your Manage Subscription page. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section 7.1 on Cancellation and 7.2 for information on getting a copy of your account’s Content. 9.3 Billing Schedule; No Refunds For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made. 9.4 Authorization By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Signal34. 9.5 Responsibility for Payment You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Signal34 any charge incurred in connection with your use of the Service. If you dispute the matter, contact Signal34 support. You are responsible for providing us with a valid means of payment for paid Accounts. Trial Accounts are not required to provide payment information. |
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10. Disclaimers Our Service and all content on Signal34 are provided on an "as is" basis without warranty of any kind, whether express or implied. Signal34 specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Signal34 takes no responsibility and assumes no liability for any User Content that you or any other person or third-party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct. |
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11. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, Signal34 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SIGNAL34'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Signal34’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Signal34 isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you. |
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12. Arbitration For any dispute you have with Signal34, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Signal34 account. If Signal34 hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Signal34 are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Signal34 account. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Signal34 agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SIGNAL34 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Signal34 or our Service isn’t arbitrable under applicable laws or otherwise: you and Signal34 both agree that any claim or dispute regarding Signal34 will be resolved exclusively in accordance with Section 13 of these Terms. If you're a consumer in the EEA, Section 12 doesn't apply to you. |
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13. Governing law and jurisdiction These Terms shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Mercer County, New Jersey, or the U.S. District Court of New Jersey and our dispute will be determined under New Jersey law. |
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14. General terms 14.1. Notification procedures and changes to these Terms We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Signal34 after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Signal34. 14.2. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Signal34 without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you’re a consumer in the EEA, either you or Signal34 may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by Signal34, you are entitled to terminate the agreement with immediate effect by deactivating your account. Signal34 will provide you with reasonable notice of any such assignment. 14.3. Entire agreement/severability These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Signal34 shall constitute the entire agreement between you and Signal34 concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 14.4. No waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Signal34's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 14.5. Parties Signal34 is operated by SDIBO Inc. These Terms are a contract between you and SDIBO Inc., 174 Nassau Street #403, Princeton, 08542 NJ, USA.
Effective: March 31, 2018
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