SideContact Terms of Use

These terms of use (the "Terms") apply to your use of SideContact's software and services (collectively, the "Services"). Your use of the Services indicates you agree to the Terms.

Acceptance

This is an agreement between SideContact Inc., a California corporation ("SideContact"), the owner and operator of the website sidecontact.com and provider of the Services, and you ("you" or "You"), a user of the Services. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND SIDECONTACT'S PRIVACY POLICY (the "Privacy Policy"), WHICH CAN BE FOUND AT http://www.sidecontact.com/presence/privacy.htm, AND WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these Terms, you may not use the Services.

You affirm that you are more than 16 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Services are not intended for children under 16. If you are under 16 years of age, you may not use the Services.

IMPORTANT NOTE: BETA TEST SOFTWARE

SIDECONTACT IS CURRENTLY "BETA", PRE-RELEASE, TIME-LIMITED SOFTWARE AND SERVICES FOR EVALUATION PURPOSES ONLY. THIS SOFTWARE AND SERVICES SHOULD NOT BE USED IN A COMMERCIAL OPERATING ENVIRONMENT OR FOR CRITICAL PERSONAL ONLINE TASKS. By installing SideContact, you acknowledge that the Software, Services and Documentation are unproven, experimental in nature, likely to contain defects and deficiencies, and may not be suitable for general use. The SideContact Services may become unavailable and the Software cease to function at any time. IF YOU EXPERIENCE ANY INCONVENIENCE OR UNWANTED SIDE EFFECTS IN YOUR BROWSING EXPERIENCE, YOU AGREE TO UNINSTALL THE SOFTWARE AND STOP USING THE SERVICES. Although in the future SideContact may, in its sole discretion, release one or more products based on the Software, Services and Documentation, SideContact shall be under no obligation to do so.

Social Media Services and Web Browsing Side Effects

SideContact provides social media Services, including, but not limited to, online presence detection and coordination while browsing the web, messaging, communication, and information sharing among users.

Access to some of our Services requires you to download and install a software package (the "Client Software"). Once installed, the Client Software observes much of your online experience on your behalf, and may modify that online experience, including but not limited to adding overlays to what you see when you visit websites in your web browser ("Side Effects"). You understand and agree that these observations and Services will be provided at websites generally as you browse, not only when you are visiting sidecontact.com, so they may affect the appearance of any web page you visit, not just web pages at sidecontact.com. You agree that if you decide you no longer want the Side Effects in your online experience, you will uninstall the Client Software and stop using the Services.

Links to Other Websites and Services

Much of the SideContact user interface is embedded in your normal browsing experience as overlaid Side Effects on pages from websites you visit while browsing. Only the SideContact overlays, not the underlying web pages, are provided by SideContact. We're not responsible for the pages provided by any other website, or for eclipsing or interfering with any website page. You agree that if you find that SideContact interferes with your view of any website's pages, you will disable SideContact for that website (an option provided by the Client Software), or you may uninstall the Client Software and stop using the Services.

Side Effect overlays created automatically by SideContact provide links to and from websites users have visited. SideContact does not choose the placement or targets of these links, our users do. We do not control the pages over which the overlays appear, or the pages they link to. We're not responsible for the practices employed by websites linked to by the Services or Client Software, nor their information or content. When you use a link displayed by the Client Software or Services to go to another website, including a link displayed in a Side Effect over a page on someone else's website, your browsing and interaction is subject to rules and policies of the website that is the target of the link, not ours. By using the Services, you expressly acknowledge and agree that SideContact shall not be responsible for any damages, claims or other liability arising from or related to your use of any other website linked to by the Services or Client Software.

Your Metadata and Privacy

In order to provide the Services, the Client Software will share personal data about you and your online experience (your "Metadata") with the Services and other users of the Services. You agree to such use of your Metadata, subject to our Privacy Policy.

The Client Software has features and settings which allow you, the user, to control when and where (at which websites) your Metadata is sent to the Services, and with whom it is shared. You agree to be responsible for choosing these settings in a manner that best guards your own privacy, or else to the use of default settings which will be set as SideContact deems most appropriate. You agree that if you decide you no longer want SideContact to observe or share any of your Metadata, you will uninstall the Client Software and stop using the Services.

We try to guard your privacy according to the settings you choose, but we are not responsible for any disclosure of your personal information or loss of privacy you may experience as a result of using SideContact, even if it occurs contrary to your privacy choices or our Privacy Policy. It is possible that our privacy safeguards could be circumvented by third parties, or fail due to defects in our software or services. You agree that if you experience loss of privacy by using SideContact, your only remedy is to uninstall the Client Software and stop using the Services. See Warranty Disclaimer and Limitation of Liability.

Responsibility for Content

SideContact provides features for messaging, communication, sharing and other submission of user-generated Content. SideContact may also be used to access or post Content on third party websites and social media services. All Content submitted to or available through the Services is the sole responsibility of the person who submitted the Content.

By submitting or posting Content using the Services, or giving SideContact access to your Content on third party websites or social media, you give SideContact the right to use such Content.

SideContact doesn't control, monitor, or have any detailed knowledge of the Content. Therefore, you may be exposed to information that's incorrect, offensive, or otherwise problematic. SideContact shall not be liable for the Content and other information spread or delivered through or in connection with the Services. You agree that you shall bear all risks associated with the use of such information. We have no responsibility to remove Content you make public (for example, comments you post using SideContact).

Content obtained from or posted to third party websites or services using SideContact are also subject to the terms of use of those websites or services.

Client Software License and Updates

The Client Software you install is licensed to you and not sold, subject to the terms of this agreement. We grant you a nonexclusive, nontransferable, revocable license to use the Client Software solely for your personal purposes. This license enters into force through your installation or use of the Client Software in accordance with the Terms. All rights and licenses not expressly granted to you under this agreement are retained by SideContact.

We may update the Client Software on your device automatically to provide new features or upgrades, fix defects, or to suspend or resume access to the Services.

Open-Source Software

We may make some of our software available under open-source licenses that constitute separate written agreements. Our open-source code can be found at https://github.com/sidecontact. There may be provisions in the open-source licenses that expressly override these Terms.

Intellectual Property Rights

The design of the Services and Client Software and the trademarks, service marks and logos contained therein ("Marks"), and all SideContact provided text, scripts, images, and graphics (except user-submitted Content) are owned by or licensed to SideContact, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Services and Client Software are provided to you "AS IS" for your personal use only. SideContact reserves all rights to the Services and Client Software not expressly granted to you in these Terms. These Terms don't give you the right to use the SideContact Marks, domain names, or other brand features.

Restrictions on Use and Copying

You agree that you won't attempt to or in fact do the following to the Services: probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas of the Services you haven't been invited to on SideContact's or our service providers' computer systems.

You agree not to commercialize, reproduce, modify, translate, create any derivative works, circumvent, disable, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Client Software or Services, except as may be permitted in the case of our open-source software, subject to separate licenses.

Support

We have no obligation to provide support or maintenance for the Services or Client Software under this agreement. However, we may, at our sole discretion, provide limited technical support, upgrades, and updates.

Termination

You may terminate this agreement at any time by ceasing to participate in or access the Services. We may terminate this agreement and your use at any time, without cause and without notice. This agreement will automatically terminate if you fail to comply with the Terms. Upon any termination, you agree to uninstall the Client Software and stop using the Services.

Warranty Disclaimer

THERE IS NO WARRANTY FOR THE SERVICES OR CLIENT SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. SIDECONTACT PROVIDES THE SERVICES AND CLIENT SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND CLIENT SOFTWARE IS WITH YOU.

You understand and acknowledge that SideContact won't be liable for problems attributable to the operation of the Services or Client Software. Some states don't allow these types of limiting terms.

Limitation of Liability

YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL SIDECONTACT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR CLIENT SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOSS OF PRIVACY OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SERVICES OR CLIENT SOFTWARE TO OPERATE WITH ANY OTHER SERVICES OR PROGRAMS OR ADVERSE SIDE EFFECTS ON OTHER SERVICES, WEBSITES, PROGRAMS OR USER ACTIVITIES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your only right or remedy with respect to any problems or dissatisfaction with the Services or Client Software is to uninstall the Client Software and stop using the Services.

Indemnity

You agree to defend, indemnify and hold harmless SideContact, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services and Client Software; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Content submitted by you using SideContact caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

General

The Terms and any dispute arising from your use of the Services shall be governed by and construed in accordance with US federal law and the laws of the state of California. You agree that: (i) the Services shall be deemed solely based in California; (ii) the Services shall be deemed a passive server that does not give rise to personal jurisdiction over SideContact, either specific or general, in jurisdictions other than California; and (iii) that you agree to be subject to the jurisdiction of California in the event of any legal dispute.

If any of, or portions thereof, the Terms are invalid or unenforceable, the court shall reform the Terms to include an enforceable term as close to the intent of the original term as possible. All other terms shall remain unchanged.

The waiver or failure of SideContact to exercise any right provided for in the Terms shall not be deemed a waiver of any further or future right under the Terms.

These Terms, together with the Privacy Policy and any other legal notices published by SideContact shall constitute the entire agreement between you and SideContact concerning the Services.

Changes to the Terms

SideContact reserves the right, at its sole discretion, to change these Terms at any time. It is your responsibility to review these Terms for any changes. By continuing to use the Services after revisions become effective, you are agreeing to the revised terms. If you don't agree to the revised terms, your only recourse is to uninstall the Client Software and stop using the Services.

These Terms of Service were last modified on November 8, 2014.

Contact

Contact us at support@sidecontact.com if you have any questions about the Terms or the Services or Client Software.

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