January 1, 2018
Terms of Service
You are important to us, and we seek to be fair and even-handed so we can earn your trust.
We (Sisterical, the folks behind CCW) are building apps we want you to love. Our users come first though, and always. We will wake up every day and do our best to earn your trust.
Our service is designed to give you as much control and ownership as possible. We ask our users to in turn be responsible in what you share and how you manage their settings.
To pay for our operating costs, we will charge fees through app stores and, if necessary, may generate supplementary revenue from ads or affiliate marketing.
Below is our Terms of Service which incorporates these principles: (our thanks to Automattic, Inc. for making their Terms of Service available under a Creative Commons Sharealike license, which served as the inspiration for our Terms of Service).
Terms of Service:
Please read this Agreement carefully before accessing or using the Apps. By accessing or using any part of the Apps, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Apps or use any services. If these terms and conditions are considered an offer by Sisterical, acceptance is expressly limited to these terms.
The Apps are not directed to children younger than 13, and service through the Apps is only offered to users 13 years of age or older. If you are under 13 years old, please do not use the Apps. Any person who registers as a user or provides their personal information to the Apps represents that they are 13 years of age or older.
Your Account. You are responsible for maintaining the security of your account and account information, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account, account information or Apps. You must not use your account or Apps in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sisterical may revoke any account associated with activities that it considers inappropriate or unlawful, or otherwise likely to cause Sisterical liability. You must immediately notify Sisterical of any unauthorized uses of your account, or any other breaches of security. Sisterical is not liable for any acts or omissions by the user, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Users With Respect to Content. If you make (or allow any third party to make) material available by means of the Apps (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. If you delete Content, Sisterical will use reasonable efforts to remove it from the Apps and Sisterical servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Payment and Renewal.
General Terms. Some Sisterical Apps will be made available through a subscription model (an “App Subscription”). Optional paid services may also be made available through the Apps (any such services, an “Upgrade”). By selecting an App Subscription or Upgrade you agree to pay Sisterical the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an App Subscription or Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Sisterical may provide a refund of App Subscription or Upgrade fees at its discretion.
Automatic Renewal. Unless you notify Sisterical before the end of the applicable subscription period that you want to cancel the App Subscription or Upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. App Subscriptions and Upgrades can be canceled at any time.
Outside Data Represented in Sisterical Apps. Sisterical has not reviewed, and cannot review, all of the data represented in the Apps that come from third parties (“Outside Data”), and cannot therefore be responsible for that data’s content, use or effects. Sisterical does not represent or imply that it endorses Outside Data, or that it believes such material to be accurate, complete, useful or non-harmful. The Outside Data may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Outside Data may violate privacy or publicity rights, or infringe the intellectual property and other proprietary rights, of other third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sisterical disclaims any responsibility for any harm resulting from the use of Outside Data, or from any downloading by those visitors of content there posted.
Outside Material Linked to by the Apps or that Link to the Apps. Sisterical has not reviewed, and cannot review, all of the non-Sisterical outside material (“Outside Material”) provided by third parties, including apps, websites, webpages and computer software, that are linked to from the Apps or that link to the Apps, and cannot therefore be responsible for that material’s content, use or effects. Sisterical does not have any control over non-Sisterical Outside Material, and is not responsible for their contents or their use. Sisterical does not represent or imply that it endorses Outside Material, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Outside Material may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Outside Material may violate privacy or publicity rights, or infringe the intellectual property and other proprietary rights, of other third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sisterical disclaims any responsibility for any harm resulting from the use by visitors of Outside Material, or from any downloading by those visitors of content there posted.
Intellectual Property. This Agreement does not transfer from Sisterical to you any Sisterical or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sisterical. Sisterical, Sisterical.com, the Sisterical logo, and all other trademarks, service marks, graphics and logos used in connection with Sisterical websites or Apps (including CCW and TabTop) are trademarks or registered trademarks of Sisterical, Inc. Other trademarks, service marks, graphics and logos used in connection with the Apps may be the trademarks of other third parties. Your use of the Apps grants you no right or license to reproduce or otherwise use any Sisterical or third-party trademarks.
Advertisements. Sisterical reserves the right to display advertisements on its websites and Apps.
Attribution. Sisterical reserves the right to display attribution language and links such as ‘Sent via <App Name>’ in messages and emails that are sent from the Apps.
Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by sending a communication or posting a notification on the Apps. If you disagree with our changes, then you should stop using the Apps as your continued use of the Apps will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination. Sisterical has the right to terminate your access to all or any part of the Apps at any time, with or without cause, with or without notice, in Sisterical’s sole discretion, effective immediately. Sisterical may provide a refund of any amounts previously paid but will have no obligation to do so. If you wish to terminate this Agreement or your App account, you may simply discontinue using the App. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Apps are provided “as is”. Sisterical and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sisterical nor its suppliers and licensors, makes any warranty that the Apps will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Apps at your own discretion and risk.
Limitation of Liability. In no event will Sisterical, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sisterical under this agreement during the twelve (12) month period prior to the cause of action. Sisterical shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Sisterical, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Apps, including but not limited to your violation of this Agreement.
Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous. This Agreement constitutes the entire agreement between Sisterical and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sisterical, or by the posting by Sisterical of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Apps will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sisterical may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
And our thanks to our users for trusting us to deal with you fairly – we will do our very best to keep this all-important trust intact.