ServiceChannel Terms of Service
Last modified: May 17, 2018
These Terms govern your use of the ServiceChannel websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services, features, content and applications offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by visiting, using or logging into the Sites.
ServiceChannel’s products and services (“Services,” which include the Sites) are very diverse, so sometimes additional terms or product requirements may apply. Additional terms will be available with the relevant Services, including from time to time pursuant to a separate manually or digitally-executed agreement, and those additional terms become part of your agreement with us if you use those Services.
1. Your Accounts
You may be required to create an account and specify a password in order to use certain Services or features on the Sites. To create an account, you must be at least 18 years old, and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services.
In some cases, an account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement.
You are responsible for any activity that happens on your account and may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
2. Using our Services
You must follow any policies made available to you within the Services. Don’t misuse our Services. Please do not use the Sites in a way that violates these Terms, any laws, including applicable export and re-export control laws and regulations, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). By way of example, and not as a limitation, you agree not to:
- interfere with our Services or try to access them using a method other than the interface and the instructions that we provide;
- attempt to gain unauthorized access to the Sites, other user accounts, or other computer systems or networks connected to the Site;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ServiceChannel, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services.
We may suspend or stop providing our Services to you, take down any of your content, and take appropriate legal actions, if you do not comply with our terms or policies or if we determine (in our sole discretion) that you have acted in appropriately.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
ServiceChannel gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use content provided to you by ServiceChannel as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ServiceChannel, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included content, nor may you reverse engineer or attempt to extract the source code of any software, unless laws prohibit those restrictions or you have our written permission.
Our Services display some content and may link to other websites, services or resources that are not ServiceChannel’s. These content and offerings are the sole responsibility of the entity that makes them available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review or endorse content or any third-party offerings, so please don’t assume that we do. Similarly, the Services may contain ads from third-parties. We do not control or endorse any products being advertised.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.
4. Your Content in our Services
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Services. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Services.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
You are solely responsible for your reviews and ratings. ServiceChannel may, in its sole discretion, choose to remove or not to remove reviews and ratings once published. You will not submit any reviews that may be considered by ServiceChannel to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
all of your reviews and ratings will be based upon your actual first-hand experiences with the companies or service providers (“Reviewees”) you are reviewing. All of your reviews and ratings of the Reviewees that you are rating will be accurate, honest, truthful, and complete in all respects. You do not work for, own any interest in or serve on the board of directors of, any of the Reviewees for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Reviewee is an individual) to any of the Reviewee for which you submit reviews or ratings. You agree have not received any form of compensation to post reviews and ratings. You will not submit reviews that comment on other users or the reviews of other users or that contain hyperlinks. The reviews and ratings that you provide do not reflect the views of ServiceChannel, its officers, managers, owners, employees, agents, designees or other users.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
5. Modifications and Termination
We reserve the right to modify our Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or Service or your access to it altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Services at any time.
6. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER SERVICECHANNEL.COM, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE SITES OR SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES OR SERVICES, THE SPECIFIC FUNCTION OF THE SITES OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES AND SERVICES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES NOT EXPRESSLY INCLUDED IN THESE TERMS.
7. Liability for our Services
EXCEPT WHERE PROHIBITED, THE SERVICECHANNEL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM THE SERVICES, OR YOUR OR ANY THIRD PARTY’S USE OF THE SERVICES OR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, AND ANY VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
8. Additional Details
We may modify these Terms at any time so be sure to check back regularly. We may modify these Terms by posting a notice on, or sending you notice through, the Services or by email or other appropriate communication channels. By continuing to use or log in to a Service after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Services.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of Delaware, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Delaware, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Contact. You may contact us at the following address:
18 East 16th Street, 2nd Floor
New York, NY 10003