In reading this contract, it is important to understand what 3taps is, which we explain in the first section below. Part of our purpose here is to establish a network among stakeholders, of which 3taps is but one part. Our stakeholders include individuals or corporations who use the 3taps platform, such as by posting, searching, or effecting exchanges with those who do, as well as individuals and companies whose services are referenced by postings identified by 3taps information retrieval tools but who do not directly use the 3taps platform. Hence, we welcome your questions and comments on this document: email@example.com
1.1. General Description
- 3taps is a platform that offers a variety of tools to facilitate the exchange of goods, services, ideas, and information.
- 3taps' search feature is a general-purpose search engine for postings - transaction-specific information about items offered for exchange, such as a watch for sale or a job offering.
- At 3taps, we believe that access to exchange-related data should be as open as possible. We believe that open access to exchange-related data creates enormous possibilities in the exchange space by lowering costs, increasing efficiencies and democratizing opportunities. In furtherance of this view, 3taps has established a data commons for exchange-related data (the "Data Commons"). The primary purpose of the Data Commons is to create an efficient clearing process for exchange-related data.
- As a technical matter, the Data Commons:
Permits users to post data through its in-bound application programming interfaces (APIs);
Normalizes the data by category and location; and
Permits users to access the data in a variety of formats through its outbound APIs.
- While the Data Commons is a general purpose utility that could support collection, normalization and syndication of many types of data, 3taps makes use of the Data Commons exclusively to process publicly available, exchange-related data that is free from claims of copyright or other types of intellectual property claims. We welcome collaboration with others who may wish to expand the scope of the Data Commons beyond its current use.
1.2. 3taps' Manifesto
- 3taps is an open exchange. Because we believe that access to exchange-related data should be as open as possible, and that users of our data should be free to use it without being limited by the claims of others, we are only interested publicly available facts about the supply, demand, and prices for goods and services and other information that is not subject to copyright or other property claims. All data posted to 3taps must be in the public domain, and for clarity, we will display the data we index with a Creative Commons Public Domain mark. For guidance, please review the section of these Terms entitled "Content on the Services." If you believe your posting comprises some valuable intellectual property, this is not the place for you. However, if you can post a factual description that links to your prized possession in some other forum, we have no objection.
- 3taps is an open community. 3taps seeks to support the widest community possible, and takes that community's views into account in the way we manage the Services. We do not care if you use automatic posting agents as long as you adhere to our published APIs. Similarly, we do not object to your use of our postings in another service; we simply ask that you respect the rights and responsibilities associated with those postings (which might include, for example, attribution as to source or economic rights) and otherwise adhere to these Terms. We do place limits on use of our Service, but largely just to ensure that our performance or stability is not degraded.
- 3taps relies on its community of users. We rely on the views of the community to identify abuse and other inappropriate conduct. In the event of abuse or other activity inconsistent with these Terms of Service, we do maintain the right to cease offering the Service or terminate your access to the Service.
- 3taps is agnostic about sources of data. We believe that facts are public property, and that open access to facts requires that everyone have equal access to facts. We recognize, of course, that others may disagree. Hence, if you feel that some posting or group of postings infringes your copyright, we will remove it from our site consistent with the Digital Millennium Copyright Act. But please recognize that, in keeping with our principle of being an open community, we may publish your take-down request. Further, we have established a community flagging system to enable 3taps' stakeholders to flag material that they deem inappropriate or offensive.
1.3. 3taps' Principles
Reflecting the points outlined above, we have constructed these Terms of Service to reflect the following guiding principles:
- Public facts are public property. People have the ability to discover publicly available facts about items offered for exchange. These facts are public property, and are made discoverable without a need to ask permission.
- Open access requires equal access. Factual data is accessible to all on an equal basis, meaning that people have access to the same body of data at the same time.
- Exchanges are for both verified and anonymous persons. Depending on the preferences of the seekers and providers to an exchange, identity information may be fully revealed, partially revealed, or fully anonymous.
- Metadata is portable and stays with exchange postings. Information such as usage, commentary, payment, feedback, etc. about an exchange constitute metadata for which there are private and public rights and responsibilities that are persistently affixed to the posting in question.
- Controversies are flagged, not censored. Exchange postings flagged by the community are immediately denoted as such and are ommitted from "safe search" results. All persons retain the right and ability to override and view content that other members of the community have flagged - except for content that i) may violate legitimate claims of privacy or confidentiality (see Section 3); ii) are subject to a claim of copyright infringement (see Section 4); or iii) that violate any of the provisions regarding abuse denoted in Section 2.2.
2. Content on the Services
2.1. General Terms Related to Content.
- All Content that you submit, post or display on or through the Services must be in the public domain. Any posting on 3taps should be limited to factual descriptions of what you are seeking, offering or commenting upon, in a way that can be shared without restriction with everyone else in the 3taps community and the world at large. To the extent that you (or someone deriving rights from you) may later decide to assert copyright as to any posted material, you hereby grant 3taps and its affiliates a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such posted material in any and all media and by any and all distribution methods (whether now known or later developed), and to grant and authorize sublicenses and assignments (through multiple tiers) of the foregoing.
- All Content is the sole responsibility of the person who originated such Content. Under no circumstances will 3taps be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or transmitted elsewhere. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is done at your own risk.
2.2. Content Boundaries and Abuse.
- You agree not to post, submit, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that impersonates any person or entity, including, but not limited to, a 3taps employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of the 3taps sites which are not designated for such purposes; or emailed to 3taps users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; or
that would fail to pass an M (mature audiences) rating standard regarding sex, violence, substance abuse, profanity, impudence or other types of mature content.
- You agree to treat other users of 3taps in a respectful manner. Specifically, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect private data about other users for unlawful purposes; or
use any form of automated device or computer program ("flagging tool") that enables the use of 3taps "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
- You agree to refrain from taking actions or employing tools that are likely to have a material impact on performance or stability of 3taps system, as determined by 3taps in its sole discretion. Such actions might include use of any form of automated device or computer program that fails to comply with 3taps API specifications for the format and throughput limits for such automated submissions.
- Please report postings that violate these Terms by flagging them. You may report other conduct that violates these Terms by notifying us at firstname.lastname@example.org. You should understand that if we do not take action regarding a particular violation of these Terms, we are not waiving our rights to do so with respect to subsequent or similar violations in the future.
3. Privacy and Your Personal Information.
- Our services are designed to be open and easily accessible by anyone in the world. If you post in or through 3taps, you should expect that your posting will be broadly and instantly disseminated to the public.
- In addition to seeking to maintain the privacy of information that you submit to 3taps, we are concerned to ensure that 3taps is not used to disseminate information that you have a legitimate interest in keeping private or confidential. If you believe that any Content conveys private information about you or information that is otherwise subject to a legal obligation to remain private, please flag that posting. Include in the comments section of the flag (i) a description of why you believe the posting contains information that should not be published; and (ii) your contact information, including your address, telephone number, and an email address. 3taps will take down information flagged as private. We may, in our discretion, conduct a good faith investigation and make a determination of whether to reinstate the posting or not, and will provide you with notification if we do so. Please understand, however, that third parties can submit postings for inclusion in 3taps without any prior review or control by 3taps, and that once published material that was previously confidential may no longer be considered confidential. 3taps' primary purpose of in providing a flagging procedure with respect to private information is to provide a means to prevent 3taps from being used as a means to disseminate information that might be used to cause harm.
4. Copyright Policy.
- It is 3taps' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
- If you believe that your Content has been copied in a way that constitutes copyright infringement, please flag the posting, indicating a copyright violation. Include the following information in the comments section of the flag: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) a description of the material that is claimed to be infringing and which you are requesting 3taps to remove or disable access to; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, 3taps will also terminate a user's account if the user is determined to be a repeat infringer. This section provides the procedure by which a notification of claim of infringement can be lodged electronically for review and action by 3taps.
- Please note that a copy of each legal notice we receive may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. We may also choose to publish such notices on 3taps' own website and in other public forums.
5. Basic Terms Regarding the Services
- The Services that 3taps provides are always evolving and the form and nature of the Services that 3taps provides may change from time to time.
- The Services may include advertisements. These advertisements may be targeted to the Content, to queries made through the Services, or other aspects of our Services. The nature and extent of such advertising are subject to change. In consideration for 3taps granting you access to and use of the Services, you agree that 3taps and its third party providers and partners may place such advertising in connection with the display of Content submitted by you.
- The 3taps site and the other Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of 3taps, such as web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, e-mail, text messages, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, 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.
- It is not necessary to register an account with 3taps in order to use the Services. For those users who do wish to register, your identity is demarcated as your Facebook or Twitter identity vis 3rd party sign-in. Without a Facebook or Twitter identity, you cannot have a registered account with 3taps, though you may still use the service as an anonymous user. Benefits to being a registered user include the ability to:
save searches and favorites between sessions;
look at all of your posts in one place, without having to keep track of the individual posting key IDs; and
communicate with other 3taps members and users as a known and trusted entity rather than as an anonymous counterparty.
- Because 3taps registration and sign-in works in conjunction with Twitter (www.twitter.com) and Facebook (www.facebook.com), your 3taps account will become inactive if your related account in either service is terminated for any reason. For example, if you used your Facebook account to sign up for 3taps and your Facebook account is terminated, you will also lose access to your 3taps account.
- You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be viewable by other users of the Services and through third party services and websites. You should only post Content on 3taps that you are comfortable sharing with others under these Terms.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable laws, regulations, and generally accepted practices and guidelines in the United States and, if you are not a resident of the United States, the country in which you are resident or from which you access the Services.
- You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to 3taps for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify 3taps immediately at: email@example.com.
- In order to access certain of the Services, you may be required to provide information about yourself (such as your Twitter of Facebook account details) as part of the registration process for the Service, or as a condition of your continued use of the Services. You agree that any registration information you provide 3taps will always be accurate, correct and up to date.
- You agree that you are solely responsible for (and that 3taps has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for any consequences arising therefrom (including any loss or damage which 3taps may suffer).
- You agree that 3taps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings you may have with other users of the Services or with third parties accessed through the Services. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that 3taps is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release 3taps, its officers, directors, employees, agents and successors and assigns from any and all claims, demands and damages (actual and consequential) of every kind or nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service. If you are a California resident, you 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
- You agree to indemnify and hold 3taps, its officers, directors, employees, agents, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, and suppliers, harmless from any and all claims and demands, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of these Terms, your breach of any of the representations and warranties herein, or your violation of any rights of any person or entity.
- 3taps may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Further, 3taps may at any time, in its sole discretion, disable access to your account. If so, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. Please note, however, that while we may disable access to an account, you will still have access as an anonymous user unless access to the entire site has been taken down for any and all.
- You acknowledge that 3taps may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that 3taps has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
- You agree that 3taps, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if 3taps believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that 3taps shall not be liable to you or any third-party for any termination of your access to the Service.
- You acknowledge and agree that 3taps (or 3taps's licensors) own all legal right, title and interest in and to the Services (other than Content provided by users), including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 3taps hereby grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 3taps, in the manner permitted by these Terms.
- Nothing in the Terms gives you a right to use the 3taps name or any of the 3taps trademarks, logos, domain names, and other distinctive brand features. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Should you decide to reuse data from the 3taps Service, you agree to provide attribution to 3taps as the source of that data in the form reasonably acceptable to 3taps.
- Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, 3TAPS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. 3taps will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that 3taps has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from 3taps or through the Services, will create any warranty not expressly made herein.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3TAPS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT 3TAPS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. General Legal Terms
- You may use the Services only if you can form a binding contract with 3taps and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms.
- We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such modifications shall become effective immediately upon the posting thereof.
- The Terms constitute the whole legal agreement between you and 3taps and govern your use of the Services (but excluding any services which 3taps may provide to you under a separate written agreement), and completely replace any prior agreements between you and 3taps in relation to the Services.
- You agree that 3taps may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if 3taps does not exercise or enforce any legal right or remedy which is contained in the Terms (or which 3taps has the benefit of under any applicable law), this will not be taken to be a formal waiver of 3taps's rights and that those rights or remedies will still be available to 3taps.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You acknowledge and agree that each member of the group of companies of which 3taps is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- The Terms, and your relationship with 3taps under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties will submit all disputes arising out of or relating to this Agreement, or the subject matter hereof, to final and binding arbitration in San Francisco, California, in accordance with the then-existing rules (the "Rules") of the American Arbitration Association ("AAA") and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any such arbitration, the award or decision shall be rendered by a majority of the members of a Board of Arbitration consisting of three (3) members, one of whom shall be appointed by each party and the third of whom shall be the chairman of the panel and be appointed by mutual agreement of said two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The parties understand that in agreeing to arbitration they are waiving any rights they might otherwise have to a jury trial. Notwithstanding this, you agree that 3taps shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Friday, October 22, 2010