Terms and Conditions
Updated: June 12, 2015
Terms and Conditions
Terms in Plain English
The Services are operated in Canada in the province of Ontario. Primal does not represent that content or materials presented on or through the Services are appropriate or available for use in other locations or jurisdictions. If you access the Services from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.
1.1 Misuse: You may not misuse the Services. Examples of misuse may include but is not limited to: interfering with the Services or trying to access the Services using a method other than the interface and instructions provided by Primal.
1.3 Termination: You agree that Primal may, in its sole discretion, immediately terminate your Primal account and access to the Services without prior notice. You agree that Primal shall not be liable to you nor any third party for any termination of your account or access to the Services. Without limiting the foregoing, Primal will terminate your use of the Services upon:
1.4 Modifications: Primal is constantly changing and improving the Services. Primal may add or remove functionalities or features, and may suspend or stop a Service altogether. You can stop using the Services at any time. Primal may also stop providing Services to you, or add or create new limits to the Services at any time.
|We develop services for lawful uses only. Sometimes the law varies with location, so we ask you use our products legally wherever you’re located. Illegal or misuse means we may have to stop providing services to you.|
| 1.5 System Outages: Primal periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Primal will not be liable for any claims or damages arising out of the any interaction with the product including but not limited to:
|Your experience of our services may change as the product evolves. We also try really hard to maintain the best system possible, but sometimes things break—so you may see an interruption in your services.
Our system also has only so much capacity, which means we have to limit your use to provide a high level of service for everyone.
|1.7 Communications: In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of those communications by sending a message to email@example.com.||We want to give you the best experience possible, so we may send you information that supports our service.|
2. User Accounts
2.2 Passwords: If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify Primal at firstname.lastname@example.org of any unauthorized use of your password or account or any other breach of security. Primal will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.
|We know you don’t want your identity stolen, so we make sure account info is accurate. Keeping your password safe helps keep your info safe.
Let us know if your password’s compromised or anything looks fishy with your account.
|2.3 Age Restriction: The Services are intended for a general audience. However, children under the age of 13 years are not permitted to register as a Registered Member. We may ask for personal information to verify that you are in at least 13 years of age.||We help you discover content from across the Web. Some of that content might not be appropriate for kids.|
3. Permissions, Ownership and Licenses
|Primal is here to serve you. We just ask you don’t hack the system we’ve taken years to develop.|
|3.2 Ownership: As between you and Primal, Primal retains all right, title, and interest, including without limitation all intellectual property rights, in and to the Services and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating thereto unless otherwise provided. All trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights belonging to Primal will, unless otherwise provided, remain as such, whether or not specifically recognized or perfected under any applicable law. No patent or patent application to which Primal possesses an ownership interest is assigned, granted, conveyed, or licensed to you in the absence of a dedicated agreement provision laying out terms of that assignment, grant, conveyance or license. Patents and/or patent applications to which any transfer of rights occur must be explicitly recited in said agreement provision by patent grant number or patent application number. Transfer of Primal’s technology in, or pursuant to, any exchange is not intended as, and shall not be construed as, an implicit assignment, grant, conveyance or license to any Patent or Patent application. Primal’s technology may include but is not limited to all processes, methods formulae, source code, know-how, improvements, discoveries, developments, designs and techniques, other works of authorship owned, operated, distributed or authorized to be distributed by or through Primal worldwide.||We want you to take advantage of the services driven by our technology, but at the end of the day we still own that technology. Maintaining this ownership allows us to iterate and improve so we can better serve you in the future.|
3.7 Third Party Licenses: Any content owned by a third party that is provided in the Services will be governed by the license and terms set forth by that third party. Further, Primal’s semantic data, as distinguished from its source code or algorithms, in some instances, may be offered under an open source license. In such instances, the terms of the open source license shall govern where applicable. Creative Commons Attribution-ShareAlike License 3.0 and Creative Commons Attribution 3.0 License are examples of open source licenses that may apply to some instances of semantic data generated by Primal.
|We want you and everyone else to know what they’re getting when they use Primal. Our name and logos signal Primal’s quality and uniqueness. To keep that signal strong we don’t let anyone use our name or its marks.
On the other hand, if your application uses our services to provide Primal-level quality, we ask you use our name to show that Primal’s powering your product.
4. Copyright and Privacy
Primal respects the intellectual property of others and we ask our users to do the same. Pursuant to the (U.S.) Digital Millennium Copyright Act, 17 U.S.C. 512, Primal has designated an agent to receive notifications of alleged copyright infringement. Primal has designated the following agent:
Attention: Copyright Agent
If you wish to notify Primal of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by Primal (whether submitted by you or a third party) in connection with the Services, you may contact Primal as set forth above and request that we remove such materials.
|We respect other people’s copyrights and privacy. If there any issues in these either of these areas, we want to know.|
|If you’ve agreed to follow these terms, we ask you to be responsible for our losses caused by failing to follow these terms.|
6. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. Primal and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all conditions and warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Without limiting the generality of the foregoing, Primal and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
Primal makes no representations about the content sources and their usage conditions.
|We’re doing some things that have never been done before. With cutting-edge technology comes uncertainty, so we can’t promise or guarantee any particular service or product experience.|
7. Limitation of Liability
You expressly understand and agree that Primal and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, whether in contract or tort or otherwise, including but not limited to, damages for loss of profits, goodwill, use, user content, data, or other intangible losses (even if Primal has been advised of the possibility of such damages), resulting from:
|We want you to use our services, but at the end of the day you must understand you do so at your own risk. Primal’s isn’t liable for your losses from the use of our services.|
|The current version of these Terms represent Primal’s agreement with you.|