The following page contains a load of legal-speak and jargon around our standard terms and policies. At its essence, Remarkable is run and governed by our core value and principles. These are:
In a nutshell, this means:
If you have any questions, please feel free to contact us anytime at [email protected]
In using Remarkable you are deemed to have read and agreed to the following terms and conditions:
1.1 In order to use the Remarkable CMS & Components, you must first agree to the Terms. You can agree to the Terms by actually using the Remarkable System. You understand and agree that Remarkable will treat your use of the Remarkable CMS & Components as acceptance of the Terms from that point onwards.
1.2 You may not use the Remarkable CMS if you are a person barred from receiving the Remarkable CMS & Components under the laws of the United Kingdom or other countries, including the country in which you are resident or from which you use the Remarkable CMS & Components. You affirm that you are over the age of 13, as the Remarkable CMS & Components are not intended for children under 13.
1.3 You agree your purchases of Remarkable CMS & Components are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Remarkable or any of its affiliates regarding future functionality or features.
2.1 You must provide accurate and complete registration information any time you register to use the Remarkable CMS & Components. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Remarkable immediately.
2.2 Your use of the Remarkable CMS & Components must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Remarkable CMS & Components by any means other than through the interface that is provided by Remarkable in connection with the Remarkable CMS & Components, unless you have been specifically allowed to do so in a separate agreement with Remarkable, or (b) engage in any activity that interferes with or disrupts the Remarkable CMS & Components (or the servers and networks which are connected to the Service).
2.4 You may use the Remarkable CMS & Components only to develop and run applications on the Remarkable infrastructure. You may not access the Remarkable CMS & Components for the purpose of bringing an intellectual property infringement claim against Remarkable or for the purpose of creating a product or service competitive with the Remarkable CMS & Components.
3.2 You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to Remarkable.
4.1 Subject to the Terms, the Remarkable CMS & Components is provided to you at varying cost levels and agreed between you and Entropy or made available on the Web site. Remarkable is made available in set account levels based on a charge up to certain limits. Usage over this limit requires your purchase of additional resources or services.
4.2 For all purchased resources and services, we will charge your credit card or provide an invoice on a monthly basis or at the interval indicated in Remarkable fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Remarkable incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Remarkable's measurements of your use of the Remarkable CMS & Components, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Remarkable and only in the form of credit for the Remarkable CMS & Components. Nothing in these Terms obligates Remarkable to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Remarkable may be shared by Remarkable with companies who work on Remarkable's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Remarkable and servicing your account. Remarkable may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Remarkable shall not be liable for any use or disclosure of such information by such third parties. Remarkable reserves the right to discontinue the provision of the Remarkable CMS & Components to you for any late payments.
4.3 Remarkable may change its fees and payment policies for the Remarkable CMS & Components by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Remarkable may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the Remarkable CMS & Components in a manner intended to avoid incurring fees.
5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Remarkable CMS & Components are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application that you create using the Remarkable CMS & Components and any source code written by you to be used with the Remarkable CMS & Components (collectively, "Applications").
5.2 Remarkable reserves the right (but shall have no obligation) to remove any or all Content from the Remarkable CMS & Components. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Remarkable. In the event that you elect not to comply with a request from Remarkable to take down certain Content, Remarkable reserves the right to directly take down such Content or to disable Applications.
5.3 In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Remarkable reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
5.4 You agree that you are solely responsible for (and that Remarkable has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Remarkable CMS & Components and for the consequences of your actions (including any loss or damage which Remarkable may suffer) by doing so.
5.5 You agree that Remarkable has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
6.1 You acknowledge and agree that Remarkable (or Remarkable's licensors) own all legal right, title and interest in and to the Remarkable CMS & Components, including any intellectual property rights which subsist in the Remarkable CMS & Components (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Except as provided in Section 8, Remarkable acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Remarkable CMS & Components, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Remarkable, you agree that you are responsible for protecting and enforcing those rights and that Remarkable has no obligation to do so on your behalf.
7.1 Remarkable gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Remarkable as part of the Remarkable CMS & Components as provided to you by Remarkable. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Remarkable CMS & Components as provided by Remarkable, in the manner permitted by the Terms.
7.2 You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Remarkable CMS & Components or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Remarkable, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Remarkable CMS & Components or any applications running on the Remarkable CMS & Components.
7.3 Open source software licenses for components of the Remarkable CMS & Components released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Remarkable for the use of the components of the Remarkable CMS & Components released under an open source license.
8.1 Remarkable claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Remarkable CMS & Components you give Remarkable a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Remarkable to provide you with the Remarkable CMS & Components. Furthermore, by creating an Application through use of the Remarkable CMS & Components, you give Remarkable a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Remarkable to provide you with the Remarkable CMS & Components.
8.2 By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Remarkable CMS & Components functionality or features for the sole purpose of collaborating on development of the Application(s).
8.3 You may choose to or we may invite you to submit comments or ideas about the Remarkable CMS & Components, including without limitation about how to improve the Remarkable CMS & Components or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Remarkable under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
8.4 You agree that Remarkable, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Remarkable CMS & Components.
9.1 Remarkable is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Remarkable CMS & Components which Remarkable provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Remarkable CMS & Components will be effective with respect to all versions of the Remarkable CMS & Components; examples of changes to the form and nature of the Remarkable CMS & Components include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
9.2 You may terminate these Terms at any time by canceling your account on the Remarkable Web site. You will not receive any refunds if you cancel your account.
9.3 You agree that Remarkable, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Remarkable CMS & Components may be without prior notice, and you agree that Remarkable will not be liable to you or any third party for such termination.
9.4 You are solely responsible for exporting your Content and Application(s) from the Remarkable CMS prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
9.5 Upon any termination of the Remarkable CMS & Components or your account these Terms will also terminate, but Sections 6.1, 9, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
10.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 13, SHALL EXCLUDE OR LIMIT REMARKABLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE REMARKABLE SERVICE IS AT YOUR SOLE RISK AND THAT THE REMARKABLE CMS & COMPONENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10.3 REMARKABLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE REMARKABLE CMS & COMPONENTS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REMARKABLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE REMARKABLE CMS & COMPONENTS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE REMARKABLE CMS & COMPONENTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE REMARKABLE CMS & COMPONENTS WILL BE ACCURATE.
11.1 SUBJECT TO SECTION 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REMARKABLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
11.2 THE LIMITATIONS ON REMARKABLE'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT REMARKABLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1 You agree to hold harmless and indemnify Remarkable, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Remarkable and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Remarkable CMS & Components, (c) your violation of applicable laws, rules or regulations in connection with the Remarkable CMS & Components, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Remarkable will provide you with written notice of such claim, suit or action.
13.1 The Remarkable CMS & Components may include hyperlinks to other web sites or content or resources or email content. Remarkable may have no control over any web sites or resources which are provided by companies or persons other than Remarkable.
13.2 You acknowledge and agree that Remarkable is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that Remarkable is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14.1 Remarkable may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
14.2 You understand and agree that if you use the Remarkable CMS & Components after the date on which the Terms have changed, Remarkable will treat your use as acceptance of the updated Terms.
15.1 The Terms constitute the whole legal agreement between you and Remarkable and govern your use of the Remarkable CMS & Components (but excluding any services which Remarkable may provide to you under a separate written agreement), and completely replace any prior agreements between you and Remarkable in relation to the Remarkable CMS & Components.
15.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
15.3 If Remarkable provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
15.4 You agree that Remarkable may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Remarkable CMS & Components. By providing Remarkable your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
15.5 You agree that if Remarkable does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Remarkable has the benefit of under any applicable law), this will not be taken to be a formal waiver of Remarkable's rights and that those rights or remedies will still be available to Remarkable.
15.6 Remarkable shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
15.7 The Terms, and your relationship with Remarkable under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Remarkable agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms.
15.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Remarkable CMS & Components upon written notice to the assigning party.
These policies are inspired by the policies of Parse, Google App Engine and Heroku. The original works have been modified. Remarkable is not affiliated with or sponsored by Parse, Google or Heroku.
© Entropy Labs Limited 2014 All Rights Reserved