Table of Contents
3. Modifications of these T&Cs
4. Intellectual Property Rights
6. Copyright Policy
7. Prohibited Uses
8. Access Subject to Local Restrictions
9. Monitoring and Enforcement
10. No Reliance on Information Posted; Changes
11. Information About You and Your Visits to Capturiant Website
12. Links from Capturiant Website
13. Linking to the Capturiant Website
14. Disclaimer of Warranties
15. Governing Law and Jurisdiction
16. Conflict with Additional Terms
17. Waiver and Severability
18. Term and Termination
1.3. The Capturiant Website is offered and available to users who are 18 years of age or older and able to form legally binding agreements.By using the Capturiant Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Capturiant Website.
3.1. Capturiant reserves the right to withdraw or amend the Capturiant Website, and any service or material we provide on the Capturiant Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Capturiant Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Capturiant Website, or the entire Capturiant Website, to users, including registered users.
3.2. You are responsible for both:
3.2.1. Making all arrangements necessary for you to have access to the Capturiant Website.
3.4. If you choose, or are provided with, a username, password, or any other piece of information aspart of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Capturiant Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are notable to view or record your password or other personal information.
4.1. The Capturiant Website, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Capturiant, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2.1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
4.2.2. You may store files that are automatically cached by your web browser for display enhancement purposes.
4.2.3. You may print or download one copy of a reasonable number of pages of the Capturiant Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4.2.4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
4.2.5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
4.3. You must not:
4.3.1. Modify copies of any materials from the Capturiant Website.
4.3.2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Capturiant Website.
4.3.3. Take any action inconsistent with Capturiant’s ownership of and rights in the Capturiant Website or violate any law or regulations concerning data protection.
4.4. Unless expressly permitted by us in writing, such as through terms or conditions applicable to limited access portions of the Capturiant Website, you must not access or use for any commercial purposes any part of the Capturiant Website or any services or materials available through the Capturiant Website.
5.2. You have no permission to use any such trademarks without the prior written permission of Capturiant. All other names, logos, product and service names, designs and slogans on the Capturiant Website are the trademarks of their respective owners.
6.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Capturiant Website infringe your copyright, you may request removal of those materials (or access to them) from the Capturiant Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement LiabilityLimitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
6.1.1. Your physical or electronic signature.
6.1.2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Capturiant Website, a representative list of such works.
6.1.3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
6.1.4. Adequate information by which we can contact you (includingyour name, postal address, telephone number, and, if available, email address).
6.1.5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6.1.6. A statement that the information in the written notice is accurate.
6.1.7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6.2. Our designated copyright agent to receive DMCA Notices is:
S.Ryan Reneau, Chief Compliance Officer
720 N Post Oak Rd Suite 400, Houston, TX 77024
6.3. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCANotice may not be effective.
6.4. Please be aware that if you knowingly materially misrepresent that material or activity on the Capturiant Website is infringing your copyright, you may be held liable for damages(including costs and attorneys' fees) under Section 512(f) of the DMCA.
6.5. It is our policy inappropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
7.1.1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
7.1.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
7.1.4. To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any"junk mail," "chain letter," "spam," or any other similar solicitation.
7.1.5. To impersonate or attempt to impersonate Capturiant, a Capturiant employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
7.1.6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Capturiant Website, or which, as determined by us, may harm us or users of the Capturiant Website, or expose them to liability.
7.2. Additionally, you agree not to:
7.2.1. Use the Capturiant Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Capturiant Website, including their ability to engage in real time activities through the Capturiant Website.
7.2.2. Use any robot, spider, or other automatic device, process, or means to access the Capturiant Website for any purpose, including monitoring or copying any of the material on the Capturiant Website.
7.2.4. Use any device, software, or routine that interferes with the proper working of the Capturiant Website.
7.2.5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7.2.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Capturiant Website, the server on which the Capturiant Website is stored, or any server, computer, or database connected to the Capturiant Website.
7.2.7. Attack the Capturiant Website via a denial-of-service attack or a distributed denial-of-service attack.
7.2.8. Otherwise attempt to interfere with the proper working of the Capturiant Website.
8.1. The Capturiant Website and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where:
8.1.1. the distribution of such information or functionality is contrary to the laws of such jurisdiction or
8.1.2. such distribution is prohibited without Capturiant obtaining the necessary licenses or authorizations and such have not been obtained.
9.1. We have the right to:
9.1.1. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Capturiant Website.
9.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or posting any information on or through the Capturiant Website. YOU WAIVE AND HOLD HARMLESS CAPTURIANT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
9.3. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.1. The information presented on or through the Capturiant Website is made available solely for general information purposes, should not be construed as financial, legal or other advice of any kind, nor should it be regarded as an offer or as a solicitation of an offer to buy, sell or otherwise deal in any investment. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Capturiant Website, or by anyone who may be informed of any of its contents.
10.2. The Capturiant Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Capturiant. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
10.3. We may update the content on the Capturiant Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Capturiant Website may be out of date at any given time, and we are under no obligation to update such material.
12.1. If the Capturiant Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Capturiant Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
12.2. Capturiant disclaims all liability for the quality, content, nature, or reliability of sites accessible by hyperlink from the Capturiant Website, or sites linking to the Capturiant Website.
12.3. The inclusion of any link does not imply any affiliation, endorsement or adoption by Capturiant of a linked site or any information contained therein.
13.1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Capturiant Website must not be framed on any other website.
13.3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. Capturiant reserves the right to withdraw linking permission without notice.
14.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Capturiant Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
14.2. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BYA DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS,DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
14.3. YOUR USE OF THE CAPTURIANT WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CAPTURIANT WEBSITE.WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE CAPTURIANT WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE WILL BE ACCURATE,RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CAPTURIANT WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CAPTURIANT WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE CAPTURIANT WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.4. TO THE FULLEST EXTENT PROVIDED BY LAW, CAPTURIANT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
14.5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19.1. You and Capturiant are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19.2. Capturiant may assign this Agreement by providing notice to you. You may not assign this Agreement, nor any of its rights or obligations, without Capturiant’s prior express written consent.
[Last Updated on 08.01.2023]