Terms of Service

The following terms and conditions govern all use of the objectpush.com website and all content, services and products available at or through the website (taken together, the Service). The Service is owned and operated by “Objectpush ApS (Substance Lab ApS)” (hereafter, “Objectpush”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Objectpush’s Privacy Policy) and procedures that may be published from time to time on this Site by Objectpush (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site, 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 Service or use any services. If these terms and conditions are considered an offer by Objectpush, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

Your objectpush.com Account

If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Objectpush of any unauthorized uses of your account, your account or any other breaches of security. Objectpush 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.

Responsibility of Contributors

If you operate a service that integrates with the Service, receive emails via the Service, post material to the Service, or otherwise make (or allow any third party to make) material available by means of the Service (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 whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. your service is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
  8. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Objectpush or otherwise.

By submitting Content to Objectpush via the Service, you grant Objectpush a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of operating the Service. If you delete Content, Objectpush will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Objectpush has the right (though not the obligation) to, in Objectpush’s sole discretion (i) refuse or remove any content that, in Objectpush’s reasonable opinion, violates any Objectpush policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Objectpush’s sole discretion. Objectpush will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms

By signing up for a paid Subscription on the Service you agree to pay Objectpush the monthly fees indicated when signing up for the services listed when signing up. Applicable fees will be invoiced starting from the day your paid Subscription is established and in advance of using such services. Objectpush reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.

Payments will be charged on a pre-pay basis on the day you sign up for a paid Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees are not refundable. Paid Subscriptions can be canceled by you at anytime.

Automatic Renewal

Unless you notify Objectpush before the end of the applicable subscription period that you want to cancel an Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such paid Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Responsibility of Website Visitors

Objectpush has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Objectpush 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. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Objectpush disclaims any responsibility for any harm resulting from the use by visitors of the Service, 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 objectpush.com links, and that link to objectpush.com. Objectpush does not have any control over those non-Objectpush websites and webpages, and is not responsible for their contents or their use. By linking to a non-Objectpush website or webpage, Objectpush 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. Objectpush disclaims any responsibility for any harm resulting from your use of non-Objectpush websites and webpages.

Copyright Infringement

Objectpush will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Objectpush or others. In the case of such termination, Objectpush will have no obligation to provide a refund of any amounts previously paid to Objectpush.

Intellectual Property

This Agreement does not transfer from Objectpush to you any Objectpush or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Objectpush. Objectpush, objectpush.com, the objectpush.com logo, and all other trademarks, service marks, graphics and logos used in connection with objectpush.com, or the Service are trademarks or registered trademarks of Objectpush or Objectpush’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Objectpush or third-party trademarks.

Changes

Objectpush reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Objectpush may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Objectpush may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your objectpush.com account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Objectpush if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Objectpush’s notice to you thereof; provided that, Objectpush can terminate the Service immediately as part of a general shut down of our service. 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 Service is provided “as is”. Objectpush 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 Objectpush nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will Objectpush, 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 Objectpush under this agreement during the twelve (12) month period prior to the cause of action. Objectpush 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.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Objectpush Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Objectpush, 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 your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Objectpush and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Objectpush, or by the posting by Objectpush of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of Denmark, 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 Maritime and Commercial Court (Sø- og Handelsretten) located in Copenhagen, Denmark. 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; Objectpush 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.

Creative Commons Attribution-SharedAlike 3.0 Unported License

The above Terms of Service are licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License, which 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.

The Terms of Service were originally created by Automattic and shared at http://en.wordpress.com/tos/. Thanks!