An Introduction to Estuarize’s Terms of Service
Welcome to Estuarize! Here is a quick summary of the highlights of our Terms of Service:
Our mission is to share and grow the world’s knowledge. The Estuarize platform offers a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the world.
You own the content that you post; you also grant us and other users of the Estuarize platform certain rights and license to use it.
You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party or any applicable laws.
You can repost content from Estuarize elsewhere, provided that you attribute the content back to the Estuarize platform and respect the rights of the original poster, including any “not for reproduction” designation, and do not use automated tools.
We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Estuarize platform. Posts from lawyers, doctors, and other professionals should not be treated as a substitute for professional advice for your specific situation.
We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or Estuarize's policies, you can initiate a report at the contact us portal or by using our in-product reporting tool.
We are pleased that you want to join the Estuarize platform and encourage you to read the full Terms of Service.
Estuarize Terms of Service
Last Updated: December 20, 2019
Welcome to Estuarize! Estuarize is a platform to gain and share knowledge, empowering people to learn from others and better understand the world.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and Estuarize, Inc. (“Estuarize” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “Estuarize Platform”).
Please make sure to read it, because, by using the Estuarize Platform, you consent to these terms.
The Mission of the Estuarize Platform
Estuarize's mission is to create a free social blogging and content sharing platform where one can share their arts, travel stories, personal stories with a huge reader database. One can share thoughts with each other and can grow together with others.
Using the Estuarize Platform
Who Can Use It. Use of the Estuarize Platform by anyone under 10 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
Acceptable Use Policy. In your interaction with others on the Estuarize Platform, you agree to follow the Acceptable Use Policy at all times.
Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Estuarize account if you violate any Estuarize policy or for any other reason.
Changes to the Estuarize Platform. We are always trying to improve your experience on the Estuarize Platform. We may need to add or change features and may do so without notice to you.
Feedback. We welcome your feedback and suggestions about how to improve the Estuarize Platform. Feel free to submit feedback at firstname.lastname@example.org. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
Definition of Your Content. The Estuarize Platform enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the Estuarize Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Estuarize Platform, Your Content may be viewed by the general public.
Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
License and Permission to Use Your Content.
By submitting, posting, or displaying Your Content on the Estuarize Platform, you grant Estuarize and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Estuarize Platform or the promotion, advertising or marketing of the Estuarize Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for Estuarize to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Estuarize for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Estuarize Platform or through other media or distribution methods. This license also includes the right for other users of the Estuarize Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt out of translation in your profile settings or you can designate certain answers not for translation.
Once you post , you may edit or delete your answer at any time from public display on https://www.Estuarize.com, except in the case of anonymously posted posts. Estuarize may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by Estuarize at any time. Any edits and changes made by you may be visible to other users. The right for Estuarize to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
You acknowledge and agree that Estuarize may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Estuarize, its users, or the public.
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the Estuarize Platform or in violation of our Terms of Service.
Your Responsibilities for Your Content. By posting Your Content on the Estuarize Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Estuarize’s Acceptable Use Policy, Copyright Policy, Trademark Policy, other published Estuarize policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
Our Content and Materials
Definition of Our Content and Materials. All intellectual property in or related to the Estuarize Platform (specifically including, but not limited to our software, the Estuarize marks, the Estuarize logo, but excluding Your Content) is the property of Estuarize, Inc., or its subsidiaries and affiliates, or content posted by other Estuarize users licensed to us (collectively “Our Content and Materials”).
Data. All data Estuarize collects (“Data”) about use of the Estuarize Platform by you or others is the property of Estuarize, Inc., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
Our License to You.
We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Estuarize Platform in connection with your use of the Estuarize Platform, subject to the terms and conditions of this Agreement.
Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the Estuarize Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the Estuarize Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the Estuarize Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of Estuarize.
No Endorsement or Verification. Please note that the Estuarize Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Estuarize Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Estuarize Platform by anyone.
Ownership. You acknowledge and agree that Our Content and Materials remain the property of Estuarize's users or Estuarize. The content, information and services made available on the Estuarize Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
More About Certain Offerings on the Estuarize Platform
Advertisements. The Estuarize Platform may include advertisements, which may be targeted to content or information on the Estuarize Platform, queries made through the Estuarize Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by Estuarize are subject to change. In consideration for Estuarize granting you access to and use of the Estuarize Platform, you agree that Estuarize and its third-party providers and partners may place such advertising on the Estuarize Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the Estuarize Platform.
Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Estuarize has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
Buttons, Links and Widgets. You have permission to use Estuarize's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the Estuarize Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that Estuarize endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate Estuarize’s Acceptable Use Policy.
Web resources and third-party services. The Estuarize Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
Reporting Violations of Your Intellectual Property Rights, Estuarize Policies, or Applicable Laws. We have a special process for reporting violations of your intellectual property rights or other violations of Estuarize policies or applicable laws.
Copyright Policy and Trademark Policy. We have adopted and implemented a Copyright Policy and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Estuarize Platform infringes your intellectual property rights, please read our Copyright Policy and Trademark Policy. For your convenience, we provide you the following Copyright Infringement Claim Form and Trademark Infringement Claim Form, which you should use, as applicable, for fastest processing.
Reports of Other Violations. If you believe content on the Estuarize Platform violates Estuarize’s Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations) or other Estuarize policies, you may submit the following Other Infringement Claim Form.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF ESTUARIZE ENTITIES TO YOU.
“ESTUARIZE ENTITIES” MEANS ESTUARIZE, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE ARE PROVIDING YOU THE ESTUARIZE PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ESTUARIZE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
ESTUARIZE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE ESTUARIZE PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE ESTUARIZE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. ESTUARIZE MAKES NO WARRANTY THAT: (a) THE ESTUARIZE PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE ESTUARIZE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE ESTUARIZE PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE ESTUARIZE PLATFORM WILL BE SATISFACTORY.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTUARIZE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESTUARIZE ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE ESTUARIZE PLATFORM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE ESTUARIZE PLATFORM IS TO STOP USING THE ESTUARIZE PLATFORM.
WITHOUT LIMITING THE FOREGOING, ESTUARIZE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE ESTUARIZE PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO ESTUARIZE IN CONNECTION WITH THE ESTUARIZE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ESTUARIZE’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
You agree to release, indemnify, and defend Estuarize Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Estuarize Platform, ii) Your Content, iii) your conduct or interactions with other users of the Estuarize Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
This Agreement and any action arising out of your use of the Estuarize Platform will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the Estuarize Platform will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Governing Law and Jurisdiction. You agree that Estuarize is operated in the United States and will be deemed to be solely based in California and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Santa Clara County, California and governed by laws of the state of California and federal law, without regard to any conflict of law provisions.
Use Outside of the United States. Estuarize expressly disclaims any representation or warranty that the Estuarize Platform complies with all applicable laws and regulations outside of the United States. If you use the Estuarize Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Estuarize Platform.
Export. The Estuarize Platform is controlled and operated from our United States offices in California. Estuarize software is subject to United States export controls. No software for Estuarize may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
Applications and Mobile Devices. If you access the Estuarize Platform through a Estuarize application, you acknowledge that this Agreement is between you and Estuarize only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Estuarize Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).
Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Estuarize Platform is provided by Estuarize, Inc., located in Mountain View, California. If you have a question or complaint regarding the Estuarize Platform, please contact Estuarize at support@Estuarize.com. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Government End Users. Any Estuarize software and related documentation are “Commercial Items,” as that term is deﬁned at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Estuarize Platform and constitutes the entire agreement between you and us regarding the Estuarize Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via legal@Estuarize.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.