Catalist User Agreement
Effective December 1, 2020. Last updated December 1, 2020.
Thank you for using Catalist!
This Catalist User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the "Services") provided by Rogue Optimist, Inc. under the name "Catalist" ("Rogue Optimist," "Catalist," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Our Service
The goal of Catalist is to help people pursue their interests, share recommendations, and do more of what they love. To achieve this goal, we need to be able to identify you and your interests so that we can show you things we think will be interesting and personal to you based on your activity. Some of the things we show you may be promoted by advertisers, and we will try our best to ensure that even promoted content is relevant and interesting to you. Promoted content will be clearly labelled so you can identify it.
2. Who can use Catalist
You may use Catalist only if you can legally form a binding contract with Catalist, and only in compliance with these Terms and all applicable laws. When you create your Catalist account, you must provide us with accurate and complete information.
Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Using Catalist may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
3. Use of the Services
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. Posting content
Catalist lets you to post content, comments, ratings, notes, links, and other materials. Anything that you post or otherwise make available on Catalist is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Catalist.
5. How Catalist can use your content
When creating your User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display your User Content and any name, username, voice, or likeness provided in connection with your User Content in all media formats and channels now known or later developed anywhere in the world. This includes the right for us to make your User Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Catalist. That being said, we want to be as open and respectful as possible with your User Content and will do our best to communicate our intentions to you prior to making it available for syndication, broadcast, distribution, or publication by other companies.
Following termination or deactivation of your account, or if you remove any User Content from Catalist, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Catalist and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Catalist.
We care deeply about the security of our users. While we work to protect the security of your content and account, Catalist can't guarantee that unauthorized third parties won't be able to beat our security measures. We ask that you keep your password secure, and notify us immediately of any compromise or unauthorized use of your account.
7. Third party links, sites, and services
Catalist may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Catalist. We don't endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Catalist, you do so at your own risk and you agree that Catalist has no liability arising from your use of or access to any third party website, service, or content.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROGUE OPTIMIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ROGUE OPTIMIST'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Catalist, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Catalist account. If Catalist hasn't been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Catalist are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Catalist account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Catalist agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Catalist will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CATALIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
To the extent any claim, dispute or controversy regarding Catalist or our Service isn't arbitrable under applicable laws or otherwise: you and Catalist both agree that any claim or dispute regarding Catalist will be resolved exclusively in accordance with Section 12 of these Terms.
10. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
11. General terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that's what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we'll notify you. By continuing to access or use Catalist after revisions become effective, you agree to be bound by the new Terms. If you don't agree to the new terms, please stop using Catalist.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Catalist without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Catalist's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.
14. Contact Information
Rogue Optimist, Inc.
1035 Bush St
San Francisco, CA 94109