User Terms of Service
Last Updated: December 10, 2018
1. Agreement to Terms. By using our Services, you agree to be bound by these User Terms. If you don’t agree to be bound by these User Terms, do not use the Services.
2. Customer Terms. You have been invited to use and access our Services by an organization or other third party with a subscription to our Services (the “Customer”), for example, your employer, university or friend. Customer has separately agreed to our Customer Terms of Service or entered into another written agreement (“Customer Agreement”) with us for a subscription to our Services.
You acknowledge that your rights to use our Services are subject to the Customer’s rights and obligations under the Customer Agreement to control certain aspects of our Services. For example, Customer may suspend or terminate your account and/or access to the Services, grant or modify your ability to access certain data within the Services (including data that you upload to or post on the Services).
4. Changes to Terms or Services. We may update the User Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated User Terms on the Site or through other communications. It’s important that you review the User Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated User Terms, you are agreeing to be bound by the updated User Terms. If you don’t agree to be bound by the updated User Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. Who May Use the Services?
(a) Eligibility. You may use the Services only if you are (i) 18 years or older and capable of forming a binding contract with Range; (ii) not barred from using the Services under applicable law; and (iii) authorized to do so by an applicable Customer.
(b) Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site through our online registration procedures which we may update from time to time.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
6. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Content Ownership and Responsibility.
(a) Definition. For purposes of these User Terms: “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including, but not limited to User Content (as defined below).
(b) Customer Rights and Responsibilities. You acknowledge that as between us and the Customer, it is the Customer’s sole responsibility to (i) obtain your consent and permission to collect, store and use the data (including personal data and personally identifiable information), content and communications that you upload to or post on the Services (“User Content”) in connection with the operation of the Services; (ii) inform you of any Customer policies or any actions by Customer that may affect User Content and your ability to access User Content; and (iii) respond to and resolve your questions and handle any disputes in connection with User Content.
(c) Our Content Ownership. Range does not claim any ownership rights in any User Content, and as between you and Range, nothing in these User Terms will be deemed to restrict any rights that you may have to use and exploit User Content other than any rights and restrictions afforded to Customer under the applicable Customer Agreement. Subject to the foregoing, Range and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(d) Rights in Data Granted by You. By making User Content available through the Services you hereby grant to Range a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform User Content in connection with operating and providing the Services and Content to Customer, you and to other Account holders.
(e) Your Responsibility for User Content. You are solely responsible for all User Content. You represent and warrant that you own all User Content or you have all rights that are necessary to grant us the license rights in User Content under these User Terms. You also represent and warrant that neither User Content, nor your use and provision of User Content to be made available through the Services, nor any use of User Content by Range on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(f) Rights in Content Granted by Range. Subject to your compliance with these User Terms, Range grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services as authorized by the applicable Customer.
(g) Removal of User Content. You can remove your User Content by specifically deleting. However, in certain instances, some of your User Content (such as posts or comments you make or anything retained by an applicable Customer) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of your User Content.
8. General Prohibitions and Range’s Enforcement Rights.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Access, tamper with, or use non-public areas of the Services, Range’s computer systems, or the technical delivery systems of Range’s providers;
- Attempt to probe, scan or test the vulnerability of any Range system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Range or any of Range’s providers, Customer or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Range or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these User Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these User Terms. We have the right to investigate violations of these User Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. DMCA/Copyright Policy. Range respects copyright law and expects its users to do the same. It is Range’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Range’s Copyright and IP Policy, for further information.
10. Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
11. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6, 7(a), 7(b), 7(c), 7(e), 8, 11, 12, 13, 14, 15, and 16.
12. Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
13. Limitation of Liability.
(a) NEITHER RANGE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RANGE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL RANGE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RANGE AND YOU.
14. Governing Law and Forum Choice. These User Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Subject to Section 7(b), the exclusive jurisdiction for any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content will be the state and federal courts located in the San Francisco county, and you and Range each waive any objection to jurisdiction and venue in such courts.
15. General Terms.
(a) Entire Agreement. These User Terms constitute the entire and exclusive understanding and agreement between Range and you regarding the Services and Content, and these User Terms supersede and replace any and all prior oral or written understandings or agreements between Range and you regarding the Services and Content. If any provision of these User Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these User Terms will remain in full force and effect. You may not assign or transfer these User Terms, by operation of law or otherwise, without Range’s prior written consent. Any attempt by you to assign or transfer these User Terms, without such consent, will be null. Range may freely assign or transfer these User Terms without restriction. Subject to the foregoing, these User Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Range under these User Terms, including those regarding modifications to these User Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Range’s failure to enforce any right or provision of these User Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Range. Except as expressly set forth in these User Terms, the exercise by either party of any of its remedies under these User Terms will be without prejudice to its other remedies under these User Terms or otherwise.
16. Contact Information. If you have any questions about these User Terms or the Services, please contact Range at email@example.com.