Terms of Service

terms-of-serviceWelcome to castle.com. Please continue reading to learn about the rules and restrictions that govern your use of castle.com’s website(s) and all other products, services and applications made available by castle.com from time to time (collectively, the “Services”). This Agreement includes the terms in this document, as well as castle.com’s Privacy Policy, Copyright Dispute Policy, and Apple Application Terms.

WHAT THIS IS SAYING

Before using castle.com, you need to be at least 18 years old, and agree to these terms. If you’re under 18, a parent or guardian needs to agree to these terms for you.

WILL THESE TERMS EVER CHANGE?

We are constantly trying to improve our Services, so this Agreement may need to change along with the Services. We reserve the right to modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, sending you a notice via email, and/or by some other means. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following such notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time. We’ll do our best to provide you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.

You represent and warrant to castle.com that: (i) you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s permission to use the Services, and your parent has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

WHAT THIS IS SAYING

We want to continually improve the castle.com experience for you, so our terms may change from time to time. We will do everything we reasonably can to update you about these changes ahead of time. Before continuing to use castle.com, it will be important to re-review and agree to any changes.

PRIVACY

We take the privacy of our users very seriously. Please read our Privacy Policy, located at Privacy Policy.

WHAT THIS IS SAYING

Another important document to look at is our Privacy Policy. This outlines what personal information we collect from you and how we use that information to provide the castle.com service.

CONTENT

You agree that you may only use the Services in accordance with castle.com’s Community Guidelines.

All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. castle.com is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates anyone else’s (including castle.com’s) rights.

You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from castle.com or from the copyright holder identified in such Content’s copyright notice. You will not link to the Services without castle.com’s prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you and other users may provide information which may be used by castle.com in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to castle.com (and in connection with the Services) are your “User Submissions.” You retain ownership of the rights you may have in your User Submissions, provided that castle.com hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so (however, castle.com will only share your personally identifiable information in accordance with castle.com’s current Privacy Policy). Furthermore, castle.com (and any other user who accesses User Submissions) retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You grant other users of the Services a non-exclusive license to access your User Submissions through the Services, and to exercise rights in and to such User Submissions and to view such User Submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that castle.com will not be liable for any errors or omissions in any content. castle.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, castle.com cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will castle.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

WHAT THIS IS SAYING

Be sure to only share content that belongs to you. We may view and/or use content you post on castle.com – but you still own it.

YOUR RESTRICTIONS AND RESPONSIBILITIES

You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that

  • infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  • violates any law, statute, ordinance or regulation;
  • is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by castle.com;
  • jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • copies or stores any significant portion of the Content;
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of castle.com’s third party service providers).
  • castle.com reserves the right to terminate access of any third party application or service to our published or unpublished APIs.

castle.com reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if castle.com is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not castle.com, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to castle.com and to grant castle.com the rights to use such information in connection with the Services and as otherwise provided herein

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

WHAT THIS IS SAYING

We are serious about safety. If you don’t follow our Guidelines or these Terms of Use, we may need to remove any inappropriate content or deactivate your account. If you see someone violating our Guidelines or Terms of Use, please contact us immediately at report@castle.com. We need your help to keep the castle.com community safe!

COPYRIGHT DISPUTE POLICY

Under the Digital Millenium Copyright Act (the “DMCA”), online service providers such as castle.com have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

WHAT THIS IS SAYING

See something that belongs to you, but someone else posted it? You can let us know by using our Copyright Dispute Policy.

THIRD PARTY WEBSITES

The Services may contain links to third party websites that are not owned or controlled by castle.com. When you access third party websites, you do so at your own risk. castle.com encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize.

castle.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, castle.com will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless castle.com from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that castle.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users on this site, or between users and any third party, you understand and agree that castle.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release castle.com, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

WHAT THIS IS SAYING

Organizers may send links via castle.com that take you to other third party services (those are services that aren’t part of castle.com, such as YouTube, Google Docs, Flickr etc). We can’t be held responsible for the content of those links or any issues that arise.

WARRANTY AND DISCLAIMER

castle.com has no special relationship with or fiduciary duty to you. You acknowledge that castle.com has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release castle.com from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. castle.com makes no representations concerning any content contained in or accessed through the Services, and castle.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. castle.com makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from castle.com or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WHAT THIS IS SAYING

We’re here to help if there are issues, but there are no warranties relating to castle.com services.

INDEMNITY

You will indemnify and hold castle.com, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

WHAT THIS IS SAYING

Please keep in mind that you are solely responsible for your use of castle.com. If you don’t follow these Terms of Service and/or cause harm to anyone, it’s your responsibility to resolve.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL castle.COM OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO castle.COM HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND castle.COM’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

WHAT THIS IS SAYING

castle.com is a communication tool, and we are not liable for anything that happens because of our service.

TERMINATION

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at contact@castle.com. castle.com may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, castle.com may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

WHAT THIS IS SAYING

All done? You can delete your castle.com account online at any time. (Note for auditing purposes and to comply with laws, we may still keep a copy of messages and account details after an account is deleted or disabled). As a Subscriber, you can unsubscribe from castle.com at any time.

CHOICE OF LAW AND ARBITRATION

This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

WHAT THIS IS SAYING

If there are any disputes regarding your experience on our Service or this agreement, you’re agreeing to arbitration (this means no jury trial or class-action lawsuits) to resolve any issues with castle.com.

MISCELLANEOUS

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. castle.com will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond castle.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with castle.com’s prior written consent. castle.com may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind castle.com in any way whatsoever.