Please Read Carefully.
Last Updated: November 25, 2020
Plain English: If you do not accept these terms, you should not use our Services. Using the Services means you accept all of our terms.
CHANGES TO TERMS
Plain English: We can change these terms and policies any time, so you should review the terms before using our Services. Using the Services means you accept any changes.
SCOPE OF USE
Parental Rights. The parents or legal guardians of anyone under thirteen (13) years old must give direct and verifiable consent for a child under thirteen (13) years old to use our Service. We will not require a child to disclose more information than necessary to participate in the Service. Parents or guardians may review their child’s personal information and direct us to delete it, as well as refuse further collection of the child’s information. The parents or guardians may allow us to continue collecting the child’s information but still not allow disclosure to third parties unless that is part of the Service. If you are a parent of guardian of a child using our service and would like more information on our data collection and storage practices regarding your child’s information, please contact us at firstname.lastname@example.org
Plain English: You may not use the Services if you and under thirteen (13) years old unless your parent or guardian gets direct consent that can be documented and tracked. You must be at least eighteen (18) years old, or you must have parental consent to use the Services.
Use of Services and Availability. Lattus retains the right, in our sole and absolute discretion, to deny service or access to and use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of Lattus’ control. The Services may be modified, updated, suspended or discontinued at any time without notice or liability.
Plain English: We can deny or remove users if we feel they are not using the Services appropriately. We do our best to maintain the Services, but there may be down periods, such as for maintenance.
If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your access to or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you or your access to or use of the Services.
Plain English: You can create an account, but you are responsible for maintaining your account and security such as your password. You agree you will not use incorrect information, or we can remove your account, and you cannot create a new account if we remove it.
Communications from Lattus. By using the Services, you agree to receive certain communications in connection with the Services. When you access and use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Plain English: We will contact you electronically, mainly with e-mail. You can tell us if you do not wish to be contacted electronically, but that will lead to your account being removed.
Your Responsibilities. Lattus grants you the rights set forth herein, subject to the following conditions:
Plain English: You will not do anything illegal or improper while using the Services such as steal IP or pretend to be someone else. Don’t transmit any violent, racist, pornographic, or other obscure or inappropriate information.
USE OUTSIDE DEFINED AREA
Plain English: The Services are made for use in the United States as well as US laws and regulations. You are responsible for complying with local laws if you wish to use the Services in a location outside of the United States.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, or omission; and (ii) make changes to content, events, descriptions, service or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend or terminate an event or promotion at any time without notice and without liability.
Plain English: They may be errors within the Services that we will correct or change, but we may also change or terminate an event or promotion at any time.
PROPRIETARY RIGHTS AND LICENSES
Plain English: We own all of the Services and everything on them, but we are giving you the right to use them.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Lattus and its third-party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Plain English: The Services are protected under US copyright law for our use only. You can’t copy or distribute the Services, or the design or components.
Plain English: Anything you post on the Services may be publicly available, so we urge you to consider what you share before using the Services. You also give us the right to use and own your content indefinitely, and other users of the Services to access and use your content.
Feedback. If you provide us (in a direct mail, email or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations or feature requests relating to the Services (“Feedback”), then you grant to Lattus a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Lattus has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Plain English: If you give us feedback, we can use that feedback however we’d like, including as a testimony for the service for advertising or marketing.
Gathering email addresses from Lattus through harvesting or similar practices is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols or technologies used with Lattus’ express written consent). You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use or enjoyment of the Services.
Plain English: You may not collect data from our Services or use the Services in a manner that would impair use of the Services.
INDEMNIFICATION AND WAIVER
You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
Plain English: If someone sues or brings a claim or similar action against us for your use of our Services, you will cover any expenses or fees we may incur.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Plain English: We make no guarantees or warranties about the content or quality of the Services.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL LATTUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF LATTUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS OR OMISSIONS BY LATTUS ITS EMPLOYEES, REPRESENTATIVES OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LATTUS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LATTUS’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (100.00 USD).
Plain English: We are not liable for any act occurring on or relating to our Services.
Plain English: Except as outlined below, any issues between you and Lattus will be settled in dispute resolution. You waive your right to sue Lattus.
Plain English: You can contact within 30 days of your incident if you’d like to file a lawsuit instead of going through arbitration.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below, or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Butler County, Pennsylvania, USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Plain English: The American Arbitration Associations guidelines will be used in any arbitration. Any information involved in the arbitration should be kept proprietary and shall not be disclosed without prior written consent.
Exceptions to Agreement to Arbitrate. Either you or Lattus may assert claims, if it qualifies, in small claims court in Butler County, Pennsylvania. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, breach of Lattus’ confidential information or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
Plain English: Arbitration is not required if (1) it qualifies in small claims court in Butler, PA, (2) it is only for injunctive relief, or (3) our IP or confidential information is infringed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Lattus agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Butler County, Pennsylvania. Both you and Lattus consent to the foregoing venue and jurisdiction.
Plain English: Any lawsuit outside of small claims court will be held in federal or state courts in Butler County, Pennsylvania.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
Lattus respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work, or a representative list of such works, claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
information sufficient to permit Lattus to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Lattus’ DMCA Agent for notice of claims of copyright infringement is: Lattus, Attn: Copyright Agent, 163 Schramm Ln. Butler, PA. 16002. (email@example.com).
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
Plain English: Users shall not infringe on any intellectual property, and we will send notices of copyright infringement in the scenarios listed above. Content suspected of copyright infringement will not be removed as a response to a notification, because doing so required signed, under penalty of perjury, by the copyright owner or an authorized agent.