Updated September 20, 2018
Acceptance of Terms
All content submitted into the Updater platform (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the party who originated such Content. You acknowledge that you are solely responsible and liable for any damage or loss to Updater resulting from Content that you generate and transmit. Updater will not be liable for any errors or omissions in any Content.
Rules and Conduct
By way of example, and not as a limitation, you shall not either (a) take any action or (b) distribute any Content on or through the Updater platform that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty,
- you know is false, misleading, untruthful or inaccurate,
- impersonates any person or entity.
You shall defend, indemnify, and hold harmless Updater, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of the Updater platform, the API or the Service.
Updater shall indemnify and hold you harmless from any and all third party claims, damages, liability, costs and fees (including reasonable attorneys’ fees) arising from a claim that alleges that the API or the Updater Platform violates or infringes the intellectual property rights of another party.
EXCEPT A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (1) ANY LOST PROFITS OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE A PARTY’S PROPRIETARY DATA OR (2) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE PREVIOUS TWELVE (12) MONTHS OF FEES PAID, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
THE UPDATER PLATFORM, API, AND/OR APPLICABLE SERVICE, IS PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
UPDATER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Updater Inc. is located at 19 Union Square West, 12th Floor, New York, NY 10003.