PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: November 23, 2016
Welcome to GrabAFan. & Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications (the “Service”). & If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at & policy@ GrabAFan.com.
Will these Terms ever change?
We are constantly trying to improve our Service, so these Terms may need to change along with the Service. & We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the & GrabAFan website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. & If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by you and GrabAFan.
What about my privacy?
The Children’s Online Privacy Protection} Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. & We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Service or send any personal information about yourself to us. & If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. & If you believe that a child under 13 may have provided us personal information, please contact us at & policy@ GrabAFan.com.
What are the basics of using the Service?
As part of using the Service, you may be required to sign up for an account, and select a password and email or user name (your “ GrabAFan User ID”). & You promise to provide us with accurate, complete, and updated registration information about yourself. & You may not select as your GrabAFan User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. & You’re responsible for any activity associated with your account. You will only use the Service and Content in a manner that complies with all laws that apply to you. & If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. & We can’t and won’t be responsible for your use of the Service in any way that breaks the law.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). & If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Your use of the Service is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute or submit any User Submission (defined below) or other materials or otherwise use the Service or interact with the Service in a manner that:
(a) & & Infringes or violates the intellectual property rights or any other rights of anyone else (including GrabAFan);
(b) & Violates any law or regulation, including any applicable export control laws;
(c) & & Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) & Jeopardizes the security of your GrabAFan account or anyone else’s (such as allowing someone else to log in to the Service as you);
(e) & & Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) & & Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) & Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
(h) & “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through use of manual or automated means);
(i) & & & Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
(j) & & & Copies or stores any significant portion of the Content;
(k) & Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.
A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Service.
What are my rights with respect to the Service?
The materials displayed or published or available on or through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. & You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way (including through the GrabAFan website, API, mobile applications, downloads, etc.). You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including GrabAFan’s) rights. & You may reference the Content with proper attribution to GrabAFan or the applicable owner; however, any other uses of the Content require GrabAFan’s prior written consent. Please follow the & Attribution Instructions & to ensure that you are properly attributing GrabAFan.
You understand that GrabAFan owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.
If you would like to use Content in any manner other than as expressly permitted by these Terms (for example, exporting data via GrabAFan’s API or including data in any other product or service), please visit our & products page & to learn more about the different ways that GrabAFan provides its data and find the solution that is right for you. You may be required to submit an application and/or meet certain eligibility criteria in order to participate in a program, and there may be different terms and conditions which apply to the specific program that you choose. You must agree to all terms and conditions and, if applicable, pay all required fees which apply to your specific program. These Terms apply to all such programs unless specifically stated otherwise in the applicable program terms.
Additionally, GrabAFan provides access to the & GrabAFan 2013 Snapshot & (the “Snapshot”) and & GrabAFan Open Data Map & (the “ODM”) pursuant to the following license terms:
Subject to your compliance with these Terms, you may access and use the Snapshot and the ODM pursuant to the & Creative Commons Attribution License. The Snapshot must be attributed to our designated pseudonym “ GrabAFan 2013 Snapshot” and bear the copyright notice “© 2013” in accordance with the Creative Commons requirements. The pseudonym and copyright notice are meant to avoid confusion with the current GrabAFan dataset and to promote transparency to users of the data. If you have questions, please contact us at & policy@ GrabAFan.com.
Do I have to grant any licenses to GrabAFan or to other users?
For all User Submissions, you hereby grant GrabAFan a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Service, as described in more detail below. & This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Service and/or in a manner that more than just you or specified specific set of users can view, or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a “Public User Submission”), then you grant GrabAFan the licenses above, as well as a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all GrabAFan users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Service and/or otherwise in connection with GrabAFan’s business.
What if I see something on the Service that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like GrabAFan, being asked to remove material that allegedly violates someone’s copyright. & We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete & Copyright Dispute Policy & and learn how to report potentially infringing content, & click here. & To learn more about the DMCA, click & here.
Who is responsible for what I see and do on the Service?
Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. & & We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. & We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.
You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. & You will keep all your registration information accurate and current. & You are responsible for all your activity in connection with the Service.
GrabAFan has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third party that you interact with through the Service. In addition, GrabAFan will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any Third-Party Service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that GrabAFan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that GrabAFan is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release GrabAFan, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will GrabAFan ever change the Service?
We’re always trying to improve the Service, so they may change over time. & We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. & We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
From time to time, GrabAFan may require you to expunge some or all of the Content in your possession, and you will do so promptly upon request.
Does using GrabAFan cost anything?
We reserve the right to charge for certain or all Service. Certain aspects of the Service require you to pay fees, for example, in order to access certain content or be able to download or export data. Visit & our products page & for current descriptions of these Service and the applicable fees. You agree to pay all fees which apply to your use of the Service. GrabAFan reserves the right to change any fees and pricing applicable to the Service at any time upon notice to you (which may be sent by email or posted on GrabAFan’s website). Your use of the Service following such notification constitutes your acceptance of any new or increased fees.
What if I want to stop using GrabAFan?
GrabAFan is also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms. & & GrabAFan has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. & Provisions that, by their nature, should survive termination of these Terms shall survive termination. & By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Additionally, upon termination of your account GrabAFan may require you to expunge some or all of the Content in your possession, and you will do so promptly.
I use the GrabAFan App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Service, including, without limitation the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but & additional terms & also apply to the Application.
What else do I need to know?
Warranty Disclaimer. & & Neither GrabAFan nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. & We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. & Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from GrabAFan or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). & THE SERVICES AND CONTENT ARE PROVIDED BY GrabAFan (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR & A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. & SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. & TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GrabAFan (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GrabAFan IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. & SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. & You agree to indemnify and hold GrabAFan, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. & You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without GrabAFan’s prior written consent. & We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. & These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. & Any dispute arising from or relating to the subject matter of these Terms (whether brought against GrabAFan or against any director, officer or employee of GrabAFan in their personal capacity) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. & Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. & YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GrabAFan ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. & You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that the GrabAFan may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. & The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. & If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. & You and GrabAFan agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GrabAFan, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. & You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of GrabAFan, and you do not have any authority of any kind to bind GrabAFan in any respect whatsoever. & & & Except as expressly set forth in the & Apple Application Terms, you and GrabAFan agree there are no third party beneficiaries intended under these Terms.