Terms of Service
We (at Target Info) run the MyCurator AI based feed reading and content curation service to help you perform content curation on your blog. To use MyCurator, please register with us to obtain a MyCurator API Key. API Keys are free for personal use, and we offer paid licenses for commercial use. You can use your MyCurator API Key with our WordPress Plugin or by itself. Please make sure you read through, understand and agree with the terms of this agreement before you start to use the MyCurator Website, download the MyCurator WordPress Plugin or use your MyCurator API Key.
(Note, these Terms of Service available under a Creative Commons Sharealike license. This means you’re more than welcome to steal it and repurpose it for your own use. Just make sure to replace references to us with ones to you. Originally posted by Automattic.)
- General. To obtain an API Key for personal use or purchase an API Key for commercial use, and to download the Plugin to use our Service, you must first register with the Website. After obtaining or purchasing an API Key, you will be able to use the Service. Target Info may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will Target Info be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
- API Key Security. If you obtain or purchase an API Key, you are responsible for maintaining the security of your API Key, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your API Key. You must immediately notify Target Info of any unauthorized uses of your API Key, your account or any other breaches of security. Target Info will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Commercial Use Plans, Fees and Payment. If you choose to purchase an API Key from Target Info, you may choose from one of two plans: (a) a plan in which you pay on the basis of the number of MyCurator Topics you may create and the number of keys you may obtain; or (b) a negotiated plan in which you or your users are charged on a per site basis (“Enterprise”). Target Info will invoice you in advance for Enterprise keys. Enterprise keys will be charged a minimum fee at the beginning of each month, with any balance due at the end of the month. You agree to pay Target Info the service fees as indicated in the Payment Schedule presented to you when purchasing a key in accordance with the services chosen. Target Info reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Your continued use of the API Key constitutes your acceptance of all of the changed payment and fee terms.
- Responsibility of Website Visitors. Target Info has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Target Info does not represent or imply that it endorses the material there posted, 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 computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Target Info disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website (for example software linked to from the Development section of the site). Target Info does not have any control over those non-MyCurator websites and webpages, and is not responsible for their contents or their use. By linking to a non-MyCurator website or webpage, Target Info does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Target Info disclaims any responsibility for any harm resulting from your use of non-MyCurator websites and webpages.
- Copyright Infringement and DMCA Policy. As Target Info asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Target Info in accordance with Target Info’s Digital Millennium Copyright Act (“DMCA”) Policy. Target Info will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Target Info or others, Target Info may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, Target Info will have no obligation to provide a refund of any amounts previously paid to Target Info.
- Trademarks. Target Info, MyCurator, Target-info.com, the Target Info logo, and all other trademarks, service marks, graphics and logos used in connection with Target-Info.com Website are trademarks or registered trademarks of Target Info or Target Info’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Target Info or third-party trademarks.
- Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of Target Info and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
- Communications with Target Info. All notices and other communications to Target Info required under this Agreement should be directed to the Target Info contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
- Limitation of warranties of Target Info, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Target Info, its supplies and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Target Info makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in finding, classifying or rendering web pages into readable text pages. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Target Info, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of Target Info, its suppliers and its licensors.Except as otherwise expressly stated, in no event will Target Info, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Target Info, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Target Info, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Target Info during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
- Indemnification. You agree to defend, indemnify and hold harmless Target Info, 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 Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Termination. Target Info may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website and to use your API Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Target Info.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between Target Info and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Target Info, or by the posting by Target Info of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of New Mexico, 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 Santa Fe County, New Mexico. If any part of these Terms and Conditions 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 these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Target Info may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
11/10/2012 Updated to reflect Topic pricing