COLLABRATZ.Com is operated by COLLABRATZ Inc., 257 Old Churchmans Road, New Castle, DE, 19720. Please read these Terms and Conditions carefully, as these Terms and Conditions constitute legally binding terms and conditions and apply to your use of (a) the website located at COLLABRATZ.Com and all corresponding web websites associated with the foregoing URLs (“COLLABRATZ Sites”), (b) the COLLABRATZ mobile applications, and (c) any other content applications, features, functionality, information and services offered by us through COLLABRATZ sites and/or COLLABRATZ apps, without limitation, embeddable or application/device-based features and related technology (e.g., mobile, web console, desktop, and other APIs, widgets, plugins, applications, etc.) ((a), (b), and (c), collectively, the “Services”). These Terms and Conditions apply whether you are accessing the Services via a wireless or mobile device, a personal computer or any other technology or device. These Terms and Conditions do no cover other services, websites, or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.
These Terms and Conditions apply to all users of the Services, whether or not you have registered or created an account with us to use the Services (“you” or “your”), and by using the Services you expressly understand, acknowledge and agree to comply with these Terms and Conditions and any additional terms and conditions that we may provide to you in connection with your use of or access to the same, including, without limitation, in connection with related technology and other products and services we may offer or make available to you (“Additional Terms”). The Services may also provide rules of participation for certain activities and services, including, without limitation, contests, promotional giveaways and other initiatives (“Rules”). The Services’ Privacy Policy ("Privacy Policy"), the Additional Terms and the Rules are hereby incorporated into these Terms and Conditions by reference as though fully set forth herein. To the extent that there is a conflict between these Terms and Conditions and the Additional Terms, the Additional Terms shall govern. To the extent that there is a conflict between these Terms and Conditions and the specific Rules for the activity in which you choose to participate, the Rules shall govern. To the extent that there is a conflict among the Terms and Conditions, the Additional Terms and/or the Rules, the following order of precedence shall apply: first, the Rules, second, the Additional Terms, and third, the Terms and Conditions. Any doubts and requests related to a wish to exercise your legal rights should be forwarded to customersupport@COLLABRATZ.com
YOU UNDERSTAND THAT BY USING THE SERVICES OFFERED BY COLLABRATZ THROUGH THE COLLABRATZ SITES AND COLLABRATZ APPS OR WITH RESPECT TO YOUR COLLABRATZ ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY COLLABRATZ.
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14.
Certain aspects of the Services may require you to create an account by completing a registration form and selecting a user ID or email and password. You agree that the information you provide as part of the registration process will be true, current and complete, and you agree to update such information as applicable so that it continues to be true, current and complete. Your COLLABRATZ account is personal to you and may not be used by any other person. You agree to contact us at customersupport@COLLABRATZ.com if you become aware of any unauthorized use of the Services on your account.
You are fully responsible for all materials and information that you upload, post or otherwise transmit via the Services.
Any doubts and requests related to a wish to exercise your legal rights should be forwarded to contact@collabratz.com
You agree that COLLABRATZ may terminate your account if you violate the Terms and Conditions or, in COLLABRATZ’s good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity.
COLLABRATZ will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The Services are not intended for children under the age of 13.
All of the documents, files and other information and materials you upload and store in your COLLABRATZ account or otherwise submit or post to the Services is referred to collectively in these Terms and Conditions as “User Content”. You are solely responsible for: (a) all User Content you place in your COLLABRATZ account(s) and/or share through the Services and (b) ensuring that you have all the necessary rights to the User Content. We don't control, verify, or endorse the User Content that you upload, store or otherwise transmit via the Services. Similarly, we are not responsible for the content that other users put on the Services. User content does not reflect the views of COLLABRATZ and COLLABRATZ does not guarantee the accuracy, integrity, quality or content of any user content. Under no circumstances will COLLABRATZ be liable in any way for your User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
The Services let you share your User Content with others, so please think carefully before sharing. Note that when you share information with other users, deleting it from your COLLABRATZ account will not necessarily delete copies maintained by the recipients.
You grant COLLABRATZ and our designees and service providers the right to transmit, process, use and disclose your User Content and other information which we may obtain as part of your use of the Services but only as necessary for us to provide the Services, or as otherwise permitted by these Terms and Conditions or required by applicable law, regulation or order.
The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of your User Content and your personal information in the United States, but acknowledge that you (or other people that you collaborate with) may have the ability to access the Services (including User Content) from outside of the United States and that nothing prohibits the processing of the User Content and your information outside of the United States.
We may send you information regarding the Services, including via email, which may include: notices about your use of the Services and transactions or purchases made via the Services; updates to the Services and new features or products; and promotional information regarding our products and services. You may adjust the settings in your account to limit the types of messages you receive from us, and you may unsubscribe from promotional communications by following the instructions in the message. Notices emailed to you will be considered given and received when the email is sent. If you don't consent to receive notices (other than promotional materials) electronically, you are not authorized to use the Services and must cease such use immediately.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
Written notification of claimed infringement must be submitted to the following Designated Agent via email to customersupport@collabratz.com or by mail to:
COLLABRATZ, Inc.
257 Old Churchmans Road
New Castle, Delaware 19720
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to COLLABRATZ customer service by sending an email customersupport@collabratz.com. You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to COLLABRATZ for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:
If a counter-notice is received by our Designated Agent, COLLABRATZ may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at COLLABRATZ’s sole discretion.
During your use of the Services, we may share with you, or you may otherwise become aware of certain otherwise confidential information related to COLLABRATZ’s business and business practices. You agree to keep such information confidential, except to the extent that such information becomes generally available (other than as a result of your acts or omissions) or is required to be disclosed by applicable law or court order.
You agree that while using the Services, you will not:
COLLABRATZ offers both free and fee-based Services. Additional Terms may apply to your use of, access to and purchase of such fee-based products or services. You may only purchase such fee-based products and/or services if you are at least 18 years of age or the age of majority in your jurisdiction. You agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases you, or anyone using your COLLABRATZ account make via credit, debit or charge card or other payment means acceptable to COLLABRATZ (“Payment Method”) concurrent with your online order. You authorize us to charge your provided Payment Method for the Services you have selected and for any paid feature(s) that you select.
We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent COLLABRATZ has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
COLLABRATZ may revise any or all of the fees and prices associated with fee-based products and/or services at any time for any or no reason. However, if we have offered a specific duration and fee for your use of the Service, we agree that the fee will remain in force for that duration, after which your use of the Service will be charged at the then-current fees. If you don’t agree to the change in fees, you must stop using the Service and cancel via email to customersupport@collabratz.com. If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued. If you do not cancel in accordance with these Terms and Conditions, the subscription for the applicable Service will automatically renew at the then-current price and for the same subscription period and we will charge your Payment Method on file with us on the first day of the renewal of the subscription period. If you have a credit in your COLLABRATZ, we may deduct amounts owed to us hereunder from such amounts in your COLLABRATZ account.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements).
In connection with our provision and operation of the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy You acknowledge that your use of the Services is subject to our Privacy Policy and understand that it identifies how COLLABRATZ collects, stores, and uses certain information.
The Services, and all aspects thereof (excluding the User Content), including, but not limited to, the trademarks, graphics, design, text, and software, are the sole and exclusive property of COLLABRATZ and/or its affiliates, suppliers, or licensors. As between you and COLLABRATZ, COLLABRATZ owns all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, and no title, ownership or rights are granted to you with respect to the same, other than the rights we expressly grant to you to use the Services pursuant to these Terms and Conditions. You agree that by providing COLLABRATZ with comments, suggestions and/or recommendations relating to the Services (for example, proposed improvements or modifications) (collectively, "Feedback"), you are automatically assigning all rights to that Feedback to COLLABRATZ.
COLLABRATZ may make available to you third-party applications, services or products, for optional use in connection with the Services (“Third-Party Services”). These Third-Party Services are not necessary for the use of the Services and your use of Third-Party Services is solely between you and the applicable third party provider. COLLABRATZ makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Services. Any questions or concerns regarding the Third-Party Services should be directed to the applicable third party provider.
TO THE EXTENT NOT PROHIBITED BY LAW, COLLABRATZ AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES (WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT) WITH RESPECT TO THE SERVICES, AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS OR PERFORM AS DESCRIBED, OR THAT THE USER CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
To the extent not prohibited by law, you will indemnify, defend and hold COLLABRATZ and its affiliates, officers, employees, agents, suppliers and licensors, harmless from and against any cost, loss, damage, or other liability arising from any third party demand or claim that any User Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of COLLABRATZ's actions); or (b) violates applicable law or these Terms and Conditions. COLLABRATZ will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL COLLABRATZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR CONTENT OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COLLABRATZ, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES EXCEED $100.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware, U.S.A without reference to its choice or conflicts of law principles.
Any dispute, claim, or controversy relating in any way to these Terms and Conditions (including interpretation or application of this section and questions of arbitrability), to your use of any Services, or to any products or services sold or distributed by COLLABRATZ or through COLLABRATZ.com will be resolved by binding arbitration, rather than in court, provided that each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
We each agree that any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COLLABRATZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The arbitration will be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms and Conditions, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. All hearings shall be held in Wilmington, Delaware.
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion. You understand that if your account is suspended or terminated, you may no longer have access to the User Content that is stored on the Services. We may make changes, updates or enhancements to the Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.
We reserve the right to modify these Terms and Conditions. We will post the most current version on the COLLABRATZ Websites and COLLABRATZ Apps. If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing us at customersupport@collabratz.com. Your continued use of our Services after we publish or send a notice about our changes to these Terms and Conditions means that you are consenting to the updated terms.
For assistance with technical issues or customer support inquiries, please send an email to customersupport@collabratz.com.
These Terms and Conditions, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and COLLABRATZ concerning the Services and your use thereof, and supersede any and all prior or inconsistent understandings relating to the Services and your use thereof. These Terms and Conditions cannot be changed or terminated orally. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms and Conditions shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms and Conditions; however, no action arising out of these Terms and Conditions or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). These Terms and Conditions create no third party beneficiary rights.
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. If a provision is found unenforceable, the remaining provisions of the Terms and Conditions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms and Conditions, and any such attempt will be void. COLLABRATZ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.