Last Updated January 22, 2013
Please read our terms of service before using any of our sites, services, or apps. By using our sites, services, or apps, you are agreeing to these terms. The legally-binding language is on the left; the human-friendly language is on the right. Questions? Please email us at email@example.com.
By using HelloReverb.com or Wordnik.com, creating an account at Wordnik.com, using the Reverb for Publishers plugin, or by using other services that we create, you agree to these terms of service.
Certain areas of our Sites (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of our Sites, Services or Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of our Sites, Services or Content.
Some of our products and services might have other terms and conditions you’ll need to agree to in order to use them (for example, our developer APIs). If you want to use those services, those terms and conditions will take precedence over these.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.
Really, we totally mean this. If you use our site, register, leave a comment, or install something we make, you are telling us that you agree to our terms of service. That’s why we’re using the all caps.
Reverb reserves the right, at its sole discretion, to modify, discontinue or terminate the Sites or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Sites or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the terms page of the Site. By continuing to access or use the Sites or the Services after we have posted a modification on the Sites or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Sites and the Services.
Every once in a while we are probably going to have to update these terms and conditions. When we update them, we will post the new terms here, and put the date of the last change at the top, or we’ll send you an email.
If you keep using our sites, apps, and services after we change the terms, you are implicitly agreeing to the new terms. If you don’t agree with the new terms, you can stop using our sites, apps, and services.
Eligibility and Account Registration
In order to access certain features of the Sites and Services and to post any Content on the Sites or through the Services, you must register to create an account ("Account") through the Sites or as a user of a Service provided by us for use on your website or an affiliated website (a "Partner"), (such users collectively being "Members" or a "Member").
To use some site and service features, you’ll need to register and create an account. You’ll need an account to post comments on Wordnik.com, or to use Reverb for Publishers, for example.
During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Reverb reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
In order to set up an account for you, we’ll need some information, including a username and password. You agree to give us accurate information when setting up your account, and if you don’t, we can close your account. (For instance, if you give us a fake email address and it bounces, we can close your account, even if your username and password are fine.)
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Reverb of any unauthorized use of your Wordnik.com, Wordnik API key, or Reverb for Publishers Account.
You agree to keep your password secret. (It’s a good idea.) If someone else uses your account, you’re responsible for what they do, whether or not you gave them permission. If you find that someone is using your account without your permission, you agree to tell us right away.
We couldn't figure out a way to make that clearer.
The Sites, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Reverb and its licensors exclusively own all right, title and interest in and to the Sites, Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, Services or Content.
We spent a lot of time coming up with the services we offer and with the names Reverb and Wordnik (and we trademarked it!). So please don’t steal our stuff, use our name to refer to things that we haven’t made, or change our sites, apps, and services to remove or hide our name or other ownership markers.
Third Party Content Providers, Advertising and Business Dealings
Reverb may run advertisements and promotions from third parties on our Sites or may otherwise provide information about or links to third-party content, products or services on the Service or Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party.
Reverb is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any content, products, services, promotions or information offered by any third party content provider or advertiser. Reverb is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Service or Site. If you have a dispute with one or more advertisers or other third parties, you release Reverb from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We might run ads on our sites, in our apps, or via our services. If you click on any ads, or start any relationships with any advertisers, we are not responsible for (and we don’t guarantee) their behavior. For instance, if you buy a giant inflatable hedgehog from an ad on one of our sites, and it doesn’t inflate all the way (and therefore ruins your birthday party!) we are not to blame. If you sue Giant Inflatable Hedgehog, Inc., you agree not to name us in the suit.
Partners using the Service to provide third party or other content recommendations may opt out of or control certain types of information displayed through the Service (e.g., the way that content recommendations are displayed) by changing their preferences settings.
If you use our services for content recommendations, you will have some options in how those recommendations are displayed (for instance, by setting preferences).
Subject to your compliance with the terms and conditions of these Terms of Service, Reverb grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Sites, Services or Content, except as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Reverb or its licensors, except for the licenses and rights expressly granted in these Terms of Service.
As long as you behave nicely, you can use our sites, apps, and services. You don’t have the right to resell our sites, apps, and services, or to misuse them. Using our sites, apps, and services does not give you any rights of ownership in them.
Members may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available through the Sites and Services ("User Content"). By submitting any User Content to Reverb or displaying, publishing, or otherwise posting any Content on or through the Service or Sites, you hereby shall and do grant Reverb a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully make use of and/or commercialize the User Content in connection with the Service or Sites and Reverb’s (and its successors and assigns) business. You also hereby do and shall grant to all other users of the Service or Sites a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any User Content solely for such users’ personal and non-commercial purposes. Reverb does not claim any ownership rights in any such User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You can add content to our sites, apps, and services, but please do so only if you have the rights to do so.
By adding content or using services of ours that share content (such as Reverb for Publishers), you agree to let us share that content in our sites, apps, and services.
We do not claim any copyright in your content.
Agreeing to let us use your content in this way makes it possible for us to show your comments on Wordnik.com, lead people to your blog posts via Reverb for Publishers, and so on.
You give us permission to show your content (for example your word lists on Wordnik.com, or part of your blog post via Reverb for Publishers), but we don’t own your content.
You own your content, and none of your rights in your content (to publish, sell, transfer, etc.) are restricted by this agreement.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Sites or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Sites or Services or you have all rights, licenses, consents and releases that are necessary to grant to Reverb the rights in such User Content, as contemplated under these Terms of Service; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Reverb’s use of the User Content (or any portion thereof) on, through or by means of the Sites and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Again, please don’t upload things you don’t have the right to upload. If you contribute something, we’re going to assume that you have the necessary rights.
The User Content will not contain any "back door," "trap door", "time bomb," "Trojan Horse," "worm," "drop dead device," "Easter Eggs", "cancelbots" or other computer programming routines or viruses that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit access to or use of the Sites and Services or other software or hardware by unauthorized parties, or disable, damage or erase any portion of the Sites or Services.
Don’t add malicious stuff!
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sites and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org or for Wordnik.com through the comments on the support section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Reverb and you hereby irrevocably assign to Reverb and agree to irrevocably assign to Reverb all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Reverb’s request and expense, you will execute documents and take such further acts as Reverb may reasonably request to assist Reverb to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
There are lots of ways to reach us, including via email at email@example.com. If you send us feedback via any method (email, Twitter, use of support tools such as Get Satisfaction, smoke signals), we then have the right to use that information for any reasonable purpose, such as testimonials, improving our service, and so on.
Unless otherwise stated in these Terms of Service, you agree not to do any of the following while using the Sites, Services or Content:
Here's a whole list of things you should not do:
Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Simply, don’t be a jerk. Don’t upload content that doesn’t belong to you, that is offensive or harassing, goads people into illegal behavior, or is otherwise unhelpful.
Access, tamper with, or use non-public areas of our Sites, Reverbs’s computer systems, or the technical delivery systems of Reverb’s providers;
Don’t try to access parts of our sites, apps, or services that are not intended for public view, please.
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Reverb or any of Reverb’s providers or any other third party (including another user) to protect the Sites, Services or Content;
Don’t try to bypass security, either.
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Don’t use our sites, apps, or services to send spam. Nobody likes it.
Use any meta tags or other hidden text or metadata utilizing a Reverb trademark, logo URL or product name without Reverb’s express written consent;
Please don’t pass yourselves off as us, either.
Use the Sites, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Please use our sites, apps, and services in the spirit in which they were intended to be used, and not for elaborate moneymaking schemes. (They won’t work, anyway.)
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Sites, Services or Content to send altered, deceptive or false source-identifying information;
Don’t pretend to be us in email or in newsgroups, or elsewhere online.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sites, Services or Content;
Don’t poke around in our code – we have lots of open-source software, or, if you’re curious about how we do things, please ask! We’re happy to help.
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites;
Don’t try to prevent others from using our sites, apps, or services.
Collect or store any personally identifiable information from the Sites or Services from other users of the Sites or Services without their express permission;
Don’t take other people’s personal information from our sites, apps, or services.
Impersonate or misrepresent your affiliation with any person or entity;
Don’t claim to be someone you’re not.
Violate any applicable law or regulation; or
Don’t do illegal stuff.
Encourage or enable any other individual to do any of the foregoing.
Don’t egg other people on to do illegal stuff. Seriously bro, not cool.
Reverb will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. Reverb may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Reverb has no obligation to monitor your access to or use of the Sites, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Sites and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Reverb reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Reverb, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Sites or Services. Under no circumstances will Reverb be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Sites or the Service. You use the Sites and the Services at your own risk.
If we discover bad behavior on your part, we will do what we can to stop it, including taking legal action, but we have no obligation to monitor our sites, services, or apps to prevent potential harm, and we are not responsible for any harm that might result from content contributed by users. Also, if we think your contributed content is harmful, unhelpful, or just plain cruddy, we can take it down, or otherwise keep it from being displayed on our sites, apps, and services.
Beta Testing Terms
THE BETA SERVICE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS. It is expressly understood that you shall, regardless of whether or not formally requested to do so, provide Feedback subject to the terms herein.
If you use a site, app, or service that is marked as being “in beta,” we don’t guarantee that it will work as advertised, or even at all. Stuff may break.
Technical support is not provided for the Beta Service.
If stuff breaks on one of our beta sites, apps, or services, we won’t provide technical support.
Unless terminated earlier pursuant to the Termination and Account Cancellation or other terms set forth herein, your license to the Beta Service will automatically expire, and Reverb may automatically and without notice deactivate your access to such Beta Service, on the earliest to occur of the following: (a) after Reverb makes available an updated beta version of the Beta Service (as announced on our website or via email to you), unless you promptly upgrade to such updated beta version; (b)the first day Reverb makes available a production version of the Beta Service (as announced on our website or via email to you), or (c)six months after the date you first receive access to the Beta Service or any update thereto.
Once a beta product is out of the beta period, we may discontinue your access to it. We may replace the product with an upgraded version, or, if an upgraded version is not produced, your access may be discontinued after six months.
Reverb respects the intellectual property of others. It is Reverb's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Reverb will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Reverb may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Reverb will terminate access for subscribers and account holders who are repeat infringers.
We comply with the DMCA.
Notifying Reverb of Copyright Infringement: To provide Reverb notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Department" at DMCA Agent: Beatrice Bernard, 195 E 4th Ave, 2nd floor, San Mateo, CA, 94401, USA. Phone: (650) 409-6451; or send an email to firstname.lastname@example.org that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
If you file a fraudulent DMCA claim, you may have to pay damages to us. And we will really enjoy buying snacks for the office with that money.
Providing Reverb with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Reverb with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at Reverb’s DMCA Agent’s contact information above that sets forth all of the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.
Here’s how to file a DMCA Counter-Notification. If you file a fraudulent DMCA Counter-Notification, you may have to pay damages.
The Service or Sites may contain links to third-party websites or resources. You acknowledge and agree that Reverb is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Reverb of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Our sites, services, and apps may link to other people’s sites, services, and apps. We don’t claim any responsibility for the content, products, or services available at those links, and our links are not an endorsement of those sites, services, or apps.
Termination and Account Cancellation
If you breach any of these Terms of Service, without limiting Reverb’s other rights and remedies hereunder, Reverb will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Reverb reserves the right to revoke your access to and use of the Sites, Services and Content at any time, with or without cause. In the event Reverb terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder. You may cancel your Wordnik.com Account at any time by sending an email to email@example.com. You may cancel your Reverb for Publishers Account at any time by sending an email to firstname.lastname@example.org.
We can cancel your access to our sites, services, and apps, and will do so if you behave badly, and we won’t take the time to argue about it with you.
If you would like to cancel your account, you can do so anytime.
THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, REVERB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Our sites, services, and apps don’t come with a warranty.
REVERB MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. REVERB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
We cannot guarantee that our sites, apps, or services will always be available, nor can we guarantee that they will be perfect.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REVERB OR THROUGH THE SITES, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No matter what, we can’t guarantee this. Not even if one of our employees or other representatives says “It’s wonderful!”
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT REVERB DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITES OR SERVICES, NOR DOES WORDNIK MAKE ANY ATTEMPT TO MONITOR OR TO VERIFY THE STATEMENTS OF USERS OF THE SITES OR SERVICES. REVERB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
We can’t control the actions of everyone using our sites, apps, or services. Please take reasonable precautions, especially when interacting with strange people on the internet.
You agree to defend, indemnify, and hold Reverb, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Sites, Services or Content, or your violation of these Terms of Service.
You’ll be responsible if you do bad stuff that gets us in trouble.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER REVERB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVERB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT REVERB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, REVERB WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
Seriously, we are not liable. Not for lost profits, not for bodily harm, not for emotional distress. Not even if you tell us that something bad will happen. We’re especially not responsible for the behavior of other people, even if they are using our sites, apps, or services.
IN NO EVENT WILL REVERB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REVERB AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the unlikely event that we are held responsible for any liability, despite all the disclaimers above, the most we can pay you is US$100.
Some places don’t allow the capping of dollar amounts for liability; if you live in one of those places, this doesn’t apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Reverb used herein are trademarks or registered trademarks of Reverb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Our trademarks are our trademarks; other people’s trademarks belong to them. We don’t claim theirs, and they don’t claim ours.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.
Any disputes that need to go to court, will have to go to court in California. On the plus side, our weather is really nice.
These Terms of Service constitute the entire and exclusive understanding and agreement between Reverb and you regarding the Sites, Services and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Reverb and you regarding the Sites, Services and Content.
This agreement is all there is. No side agreements (or bets).
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Reverb’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Reverb may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
You can’t transfer your account to someone else—but they can get their own account! We can transfer our responsibilities under these terms of service to another entity (for instance, if another company buys us).
The failure of Reverb to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Reverb. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
The rules are the rules. Even if you see someone else getting away with something that’s against the rules (or you think you’ve gotten away with something that’s against the rules), that doesn’t make the rules go away.
If a court decides that any of these rules are unenforceable, the rest of our rules remain in effect.
If you have any questions about these Terms of Service, please contact Reverb at email@example.com.
If you have questions, please email us!