These Terms and Conditions of Use (the “Terms”) apply to 45Sec.com LLC (“45sec”, “We”, “we”, “Our”, “our”, “Us” or “us”) website (www.45sec.com) and its mobile application (collectively, the “Service”). The Service is the property of 45Sec.com. By using the Service, you are agreeing to these Terms and concluding a legally binding contract with 45sec. IF YOU DO NOT AGREE, DO NOT USE THE SITE..
45sec reserves the right to modify the Terms to its Services at any time. It is your responsibility to check these Terms regularly as revised versions will be binding on you. Your continued use of the Service after any posting of new Terms indicates your acceptance and agreement of the changes. 45sec will post notice of modifications to these terms on this page. Changes will not apply retroactively. IF YOU DO NOT AGREE TO THE MODIFIED TERMS FOR A SERVICE, YOU SHOULD DISCONTINUE YOUR USE OF THAT SERVICE.
All text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service (collectively, “Content”) contained in the Service is owned, and controlled by 45sec, and is protected by trade dress, copyright, patent and/or trademark laws, and various other intellectual property rights and unfair competition laws. 45sec does not guarantee the confidentiality of any Content and shall not be required to keep any such Content confidential or liable in connection with the disclosure of any such Content. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to 45sec all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. We may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against 45sec and its users any claims and assertions of moral rights or attribution with respect to your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your Content. 45sec and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements and you shall have no discretion with respect to such advertisements or other information. The manner, mode and extent of such advertising are subject to change without notice to you. Your Content does not necessarily reflect the opinion of 45sec. We reserve the right to remove, screen, edit, or reinstate your Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of your Content
We are under no obligation to enforce the Terms on your behalf against another user or any other person. While we encourage you to let us know if you believe another user or any other person has violated the Terms, we reserve the right to investigate or avoid from investigating and take or avoid from taking any action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Service to:
1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
2. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
3. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a business account and as expressly permitted by 45sec;
4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service or any third party service;
5. Solicit personal information from minors, or submit or transmit pornography; or
6. Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
1. Violate the Terms;
2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or the Content (other than your Content), except as expressly authorized by 45sec;
3. Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Content;
4. Reverse engineer any portion of the Service;
5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
6. Record, process, or mine information about other users;
7. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
8. Reformat or frame any portion of the Service;
9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on 45sec technology infrastructure or otherwise make excessive traffic demands of the Service;
10. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
11. Use the Service or any Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
12. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
13. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Content;
14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that
(i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
You agree to indemnify, defend, and hold 45sec, its equity holders, subsidiaries, affiliates, suppliers, licensors and partners, and the respective officers, managers, directors, employees, agents and representatives of each of the foregoing (collectively, the "45sec Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 45sec reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 45sec. 45sec will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Service may include links to other website or applications (each, a "Third Party App"). We do not control or endorse any Third Party App. You agree that we are not responsible for the availability or contents of such Third Party Apps. Your use of Third Party Apps is at your own risk. Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF 45SEC AND THE OTHER 45SEC ENTITIES. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. A. THE SERVICE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE 45SEC ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE 45SEC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE FEEDBACK, COMMENTS OR ANY CONTENT YOU ARE EXPOSED TO ON 45SEC. B. THE 45SEC ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SERVICE OR THE SERVICE'S USERS. ACCORDINGLY, THE 45SEC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE. YOUR USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. C. THE 45SEC ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE 45SEC ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY. D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE. E. THE 45SEC ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE 45SEC ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100. F. THE 45SEC ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
YOU AGREE THAT THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA WILL GOVERN THESE TERMS, AS WELL AS ANY CLAIM, CAUSE OF ACTION OR DISPUTE (A "CLAIM") THAT MIGHT ARISE BETWEEN YOU OR ANY OTHER PERSON AND ANY OF THE 45SEC ENTITIES WITH RESPECT TO THESE TERMS OR THE USE OF ANY SERVICE, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU IRREVOCABLY AGREE AND CONSENT TO SUBMIT OR CAUSE TO BE SUBMITTED ANY CLAIM TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN THE COUNTY OF NEW YORK, LOCATED IN THE STATE OF NEW YORK.
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability. We may (but are not required to) provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service. Except as otherwise expressly stated in the Terms, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any person other than 45sec or the 45sec Entities. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. You acknowledge that you place no reliance on any representation made by 45sec, any 45sec Entity or any other person on their behalf, but not expressly contained in these Terms. Any failure on 45sec or any 45sec Entity’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of any person to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be interpreted so it is limited or eliminated, but only to the extent necessary so that these TERMS shall otherwise remain in full force and effect and enforceable. The Terms are not assignable, transferable or sublicensable by you except with 45sec’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void. The section titles in the Terms are for convenience only and have no legal or contractual effect. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. The term “person” should be interpreted broadly to include any person or entity.
Information Collected Upon Registration: When you create or reconfigure a 45sec account, you provide some personal information, such as your name, username, password, and email address. Some of this information, for example, your business name can be listed publicly on our Services, including on your profile page and in search results. Additional Information: You may provide us with additional information to make public, such as a your location, or a picture. We may use your contact information to send you information about our Services or to market to you. If you email us, we may keep your message, email address and contact information to respond to your request. Feedbacks other Public Information: Our Services are primarily designed to help you give and get feedbacks, comments and suggestions with business owners, product managers or any person who needs that type of information. Most of the information you provide to us is information you are asking us to deliver. This includes not only the feedback you send, but also he metadata provided with it such as location. Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms. Other actions, such as interactions with our website, applications and advertisements, may also be included in Log Data. If we haven’t already deleted the Log Data earlier, we will either delete it or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months. Links: 45sec may keep track of how you interact with links in 45sec across our Services including third party services and clients by redirecting clicks or through other means. We do this to help improve our Services. Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. 45sec may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Third Party Services: 45sec uses a variety of services hosted by third parties to help provide our Services, such as hosting and such as Google Analytics that helps us understand the use of our Services. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
If you are a registered user of our Services, we provide you with tools to access or modify the information you provided to us and associated with your account.
Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org .We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.