Last Updated March 18, 2015
Reverb Technologies, Inc. and its affiliates ("Reverb", or "we") may provide you with access to software applications (including any updates, new versions or new releases thereof), including, but not limited to the Reverb News App or other applications for mobile devices such as Apple's iPad and iPhone, and devices running the Android operating system (each a "Reverb Application"), our websites located at http://www.helloreverb.com, (individually or collectively, the "Site") and any other services offered by Reverb in connection with our Reverb Application or the Site, such as Reverb for Publishers and Reverb Insights (any and all of the foregoing are referred to as the "Services"). The Services do not include any services provided by third parties.
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
The Site, Services and Reverb Content are intended solely for persons who are 18 or older. Any access to or use of the Site, Services and Reverb Content by anyone under 13 is expressly prohibited. By accessing or using the Site, Services and Reverb Content you represent and warrant that you are 18 or older.
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").
In order to use the Reverb Application or certain current or future portions or functionalities of the Site, Services or Reverb Content, you may be required to or offered the option to register for a username and password (creating a "Reverb Account") or log in through a third party service.
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 the Reverb Application or 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. Reverb reserves the right to reject any username selected by you and/or revoke your right to any previously selected username and give such username to any other person or entity in Reverb's sole discretion and without any liability to you. 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 Reverb Account credentials. 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 should use a robust password to protect your Reverb Account through a combination of upper and lower case letters, numbers and other characters. You will immediately notify Reverb of any unauthorized use of your Reverb Account, API key, Reverb for Publishers Account or Reverb Insights account. Reverb will not be liable for any loss or damage arising from unauthorized use of your Reverb Account credentials prior to you notifying Reverb of such unauthorized use or loss of your credentials.
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.
Certain types of content are made available through the Site and Services. "Reverb Content" means all Reverb proprietary content, including, but not limited to, Reverb trademarks and logos made available through the Site and Services, excluding Third Party Materials (as defined below) and User Content. "User Content" means the text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content that a Reverb user uploads, posts, flips, compiles or provides to Reverb via the Site or Services, as applicable.
Third Party Materials and Agreements
You may be able to access, review, display or use third party services, resources, content or information ("Third Party Materials") via the Services, including via advertisements or promotions with third parties and including publisher content recommended for you based on your use of the Site or Services. 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.
By using the Reverb Application in conjunction with social media or your social network(s), you agree that Reverb may present User Content and Third Party Materials to you and other users in accordance with your preferences.
You assume all responsibility for any data charges that you may incur for use of the Reverb Application and/or access to any Third Party Materials or User Content. Your ability to access or link to Third Party Materials, User Content, or third party services does not imply any endorsement by Reverb of Third Party Materials, User Content or any such third party services.
You acknowledge and agree that Reverb: (a) is not responsible for the availability or accuracy of such Third Party Materials or User Content or the products or services on or available from such Third Party Materials or User Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials or User Content; (c) does not undertake or assume any duty to monitor the Reverb Application for inappropriate or unlawful content (though we have taken measures to minimize the likelihood that the Services recommend any such inappropriate or unlawful content); and (d) does not make any promises to remove Third Party Materials or User Content from being accessed through the Services. You also acknowledge and agree that, in the event that you link your Reverb Account to certain third party services (e.g., Twitter, Facebook, etc.), you will be subject to the terms of that third party service, and Reverb may present the User Content or Third Party Materials made available through such third party services (e.g., Tweets) to you and other Reverb App Users through the Reverb Application. Accordingly, if you link your Reverb account to your Twitter or Facebook account, you and other Reverb Users may access a channel through the Reverb Application that consists of your Twitter feed or Tweets or posts. Notwithstanding the foregoing, Reverb reserves the right to block or remove User Content or Third Party Materials at any time in Reverb's sole discretion.
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.
We also can't guarantee that even if you connect an account, data from that account will be available to you through our apps and services. We also can't guarantee that you won't see offensive, upsetting, disturbing, or just plain stupid content, and we reserve the right to block or remove that content (or any content) from being available through our apps or services at any time.
Content being available through our apps or services does not magically make the rights of the copyright holders not apply.
Publishers 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).
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.
You may not use, export, re-export, import or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable Laws. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also may not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
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.
Also, you may not use our sites, apps, and services to design missiles, or chemical, nuclear, or biological weapons.
Special Terms Regarding Apple
If you download Software from Apple, Inc.'s App Store, you acknowledge and agree that: (a) if any third party claims that your possession or use of the Services infringes a third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; (b) Apple has no responsibility for addressing any claims relating to the Software, including: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and (c) Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
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.
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 personally identifiable 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 Site and Services ("Feedback"). You may submit Feedback by emailing us at firstname.lastname@example.org or for. 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 intellectual property rights therein.
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.
Here's a whole list of things you should not do:
Access, 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, including, but not limited to, in any Third Party Materials; (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, vulgar, or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, or class of people; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) 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.
You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Reverb has adopted and implemented the following terms that provide for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
Don't use our stuff to violate other people's copyright.
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.
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, 437 Lytton Ave., Suite 200, Palo Alto, CA, 94301, 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.
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.
We comply with the DMCA.
The Services or Site 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.
Termination and Account Cancellation
THE SITE, SERVICES, REVERB CONTENT, THIRD PARTY MATERIALS AND USER 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, REVERB CONTENT, THIRD PARTY MATERIALS OR USER 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 SITE, SERVICES, REVERB CONTENT OR USER 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!"
Limitation of Liability
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 THEREIN 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.
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.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND REVERB AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a "Notice"), or, in the absence of a mailing address provided by you to Reverb, to you via any other method available to Reverb, including via e-mail. The Notice to Reverb should be addressed to: Reverb Technologies, Inc., 437 Lytton Ave., Suite 200, Palo Alto, CA 94301Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the "Demand"). If you and Reverb do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Reverb may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Reverb, then Reverb will promptly reimburse you for your confirmed payment of the filing fee upon Reverb's receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Reverb agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No Class Actions. YOU AND REVERB AGREE THAT YOU AND REVERB MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Improperly Filed Claims. All claims you bring against Reverb must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should either you or Reverb file a claim contrary to this Dispute Resolution section, the other party may recover reasonable attorneys' fees and costs up to $5,000, unless such claim is withdrawn within thirty (30) days of receipt of notice that the claim was improperly filed.
U.S. Government Restricted Rights
If the Services are acquired under the terms of a government contract, use, duplication and disclosure are subject to the terms of this license and the following restrictions: subdivision (c)(1)(ii) of the Rights in Technical data and Computer Software clause at 252.227-7013 (DOD contracts); subdivisions (a) through (d) of 52.227-19 (Civilian agency contracts); and the applicable ADP Schedule Contract (GSA contracts).
If you have questions, please email us!