The website located at www.squidhub.com (the "Site") belongs to SquidHub.
Agreement Version Date: May 25th 2018
In order to use SquidHub, you must register for an account with SquidHub and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) that you will maintain the accuracy of such information, and (c) your use of the Site does not violate any applicable laws. You may terminate your SquidHub Account at any time, for any reason, by following the instructions on the Site. SquidHub may suspend or terminate your Account in accordance with Section 4. You are responsible for maintaining the confidentiality of your SquidHub Account login information and are fully responsible for all activities that occur under your SquidHub Account. You agree to immediately notify SquidHub of any unauthorized use, or suspected unauthorized use, of your SquidHub Account or any other breach of security. SquidHub cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
By signing up with your e-mail address you give us the opportunity to automatically re-send a new password to you in case you should forget it. By signing up with your e-mail address you accept that we can send newsletters to you.
2. End User License
Subject to the terms of this Agreement, SquidHub grants you a non-transferable, non-exclusive, license to (a) use the Site for your use.
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access the Site in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in SquidHub. Any future release, update, or other addition to functionality of the Site shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.
2.3 Local Laws
SquidHub makes no representation that the Site is appropriate for use in locations other than Denmark. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. Any diversion of the Site contrary to Danish law is prohibited.
SquidHub reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that SquidHub will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
SquidHub provided to you is licensed to you and not sold. SquidHub owns all right, title and interest, including all related intellectual property rights, in and to the Site, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to SquidHub. The SquidHub name, logo, and the product names associated with SquidHub belong to SquidHub, and no right or license is granted to use them by implication, estoppel or otherwise. SquidHub reserves all rights not granted in this Agreement.
2.6 Data- and Power-Intensive
Although SquidHub takes steps to reduce its resource usage, heavy/intense use of the SquidHub may be data- and battery-intensive. It is your responsibility to monitor the amount of data transferred by your device in order to avoid any additional charges by your carrier. SquidHub will not be liable for any data charges incurred by you through the use of the service provided by SquidHub.
3. User Content
3.1 User Content
"User Content" of a user means any and all content that such user uploads, distributes, or otherwise uses with the Site, and includes (a) the files, tasks, and messages that you send to one or more other SquidHub users ("Private Messages") and (b) your first name, last name, SquidHub username, description, email address(es), and profile picture ("User Profile"). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by SquidHub. SquidHub is not obligated to backup any User Content and User Content may be deleted at anytime.
3.1.1 User analytics and User-ID Policy
SquidHub is using Google Analytics including its User-ID features which is used in order for SquidHub to amongst other things optimize the performance of the site based on usage. No data is uploaded to Google that is any way will allow Google to personally identify an individual.
By uploading, distributing, or otherwise using your User Content with the Site, you automatically grant, and you represent and warrant that you have the right to grant, a nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, (a) to SquidHub (1) to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your Public Profile, solely to display your Public Profile on the Site, (2) to reproduce and distribute your Private Messages, solely to provide the Private Message to the intended recipient(s), and (3) to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your Public Profile but excluding your Private Messages), solely to provide you and other users the Site and to improve our Site, and (b) unless you expressly reserve rights with respect to specified content you post, to all other users of each group to which you post User Content, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content. This license ends when you delete your content or your account, unless your content has been shared with others and they have not deleted it.
When you delete your content or account, your content will be deleted in a manner similar to emptying the recycle bin on a computer. However, your removed content may persist in backup copies for a reasonable period of time, but will not be available to others.
To delete your account, please write directly to firstname.lastname@example.org. You will receive a confirmation when your account has been deleted.
If you provide SquidHub any feedback or suggestions ("Feedback"), you hereby assign to SquidHub all rights in the Feedback and agree that SquidHub shall have the right to use such Feedback and related information in any manner it deems appropriate. SquidHub will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to SquidHub any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use Policy
The following sets forth SquidHub"s "Acceptable Use Policy": (a) You agree not to use the Site to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations. (b) You agree not to use the Site to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or servers or networks connected to the Site (e.g., through password mining); or (e) interfere with another user"s use and enjoyment of the Site.
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion. We may suspend or terminate your SquidHub Account in accordance with Section 4. We will make our best effort to notify you of removal of your user content or suspension/termination of your SquidHub Account in a timely manner, and will provide you with an explanation as to why we have taken this action.
4. Term and Termination
4.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the Site, unless earlier terminated in accordance with this Agreement.
4.2 We may (a) suspend your rights to use the Site or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, SquidHub reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to SquidHub by the copyright owner or the copyright owner"s legal agent.
4.3 Upon termination of this Agreement, your SquidHub Account and right to use the Site will automatically terminate immediately. You understand that any termination of your SquidHub Account involves deletion of your User Content associated therewith from our live databases. SquidHub will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your SquidHub Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3, 4.3, 5, 6, 7, 8, and 9.
You agree to defend, indemnify and hold harmless SquidHub from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys" fees) brought by third parties resulting from or relating to: (i) your use of the Site, (ii) your User Content, or (iii) your violation of this Agreement. SquidHub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SquidHub and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SquidHub. SquidHub will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Parties
6.3 Third Party Sites & Ads
The Site may contain links to third party websites and advertisements for third parties (collectively, "Third Party Sites & Ads"). SquidHub is not responsible for and does not control Third Party Sites & Ads. SquidHub provides these Third Party Sites & Ads only as a convenience to you. SquidHub has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Site & Ad, the applicable third party"s terms and policies apply, including the third party"s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.
6.4 Other Users
The Site may contain User Content provided by other users of the Site. SquidHub is not responsible for and does not control User Content. SquidHub has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that SquidHub will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge SquidHub from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party App, other Site or SquidHub users, or Third Party Sites & Ads.
6.6 Consent for User Communications
You hereby consent to other users of SquidHub contacting you and sending you messages (including commercial or promotional messages) in accordance with the settings you have established within SquidHub and as related to the subject matter of any groups that you have joined as part of SquidHub. You may revoke such consent (i.e., opt out of such messages) at any time by leaving the corresponding group in SquidHub. You may contact SquidHub at any time to report harassing behavior by any other registered SquidHub user.
7.1 THE SITE ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SQUIDHUB EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SQUIDHUB MAKES NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation on Liability
8.1 IN NO EVENT SHALL SQUIDHUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, OR THE SITE, EVEN IF SQUIDHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SQUIDHUB"S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU"VE PAID SQUIDHUB IN THE PRIOR 12 MONTHS (IF ANY).
8.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9.1 Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to SquidHub (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this policy from time to time to ensure you are aware of any changes.
You are responsible for providing SquidHub with your most current e-mail address. In the event that the last e-mail address you have provided to SquidHub is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, SquidHub"s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
9.3 Governing Law
This Agreement shall be governed by the laws of Denmark without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in Denmark for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.5 Entire Agreement