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Terms & Conditions

We'll help you trap the entire universe if you want.


TERMS OF USE
As of June 10th, 2014

Please read this agreement carefully before using the services offered by Jabracadabra LLC ("Hypertrap"). By using the website hypertrap.com (the "Site") and other features, services or applications offered by Hypertrap (collectively, the "Service"), you agree to be bound by these terms of use (the "Terms of Use" or "TOU"). If you disagree with any of the terms below, you will not have a right to use the Service. The individual who accepts these terms and conditions, must be aged 18 years or older. You certify to Hypertrap that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Service and access the Site, and take full responsibility for the selection and use of the Service and access of the Site. These Terms of Use are void where prohibited by law, and the right to access the Site and use the Service is revoked in such jurisdictions.

Hypertrap reserves the right, at its discretion, to update and change, from time to time, these Terms of Use. Hypertrap may change these Terms of Use by posting a new version on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service after such change constitutes acceptance of such changes.

This Agreement applies to all users of the Site and Service including users who create traps, use APIs, or use other services on the Site or Service. The Service is accessed by you ("User" or "you") under the following terms and conditions.

Access to the Site and Service Subject to the terms and conditions of this TOU, Hypertrap may offer to provide the Service, as described more fully on the Site, solely for your own use, and not for the use or benefit of any third party. The Service shall include, but not be limited to, any services Hypertrap performs for you, as well as the offering of any materials displayed or performed on the Site or the Service (including, but not limited to text, graphics, images, illustrations, audio clips and video clips, also known as the "Content"). Hypertrap may change, suspend or discontinue the Service including any Content for any reason, at any time, including the availability of any feature, database, or content. Hypertrap may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Hypertrap will use reasonable efforts to ensure that the Site and Service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Hypertrap to minimize such disruption where it is within Hypertrap's reasonable control. You agree that Hypertrap will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Services.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Service, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

As a condition to using the Service or in order to create certain statements through the Service, you may be required to supply Hypertrap with certain registration information, including registration information for mobile phones, other mobile devices, or third party sites or services you access through Hypertrap. You shall provide Hypertrap with your own accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your access to and/or use of the Site or Service. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. Hypertrap reserves the right to refuse registration of, or cancel a username in its discretion. You shall not use another user's account or any other person's registration information for the Service, any other mobile phones or other mobile devices, or any third party services you access through the Service, without that person's permission.

Subject to the restrictions set forth in these Terms of Use, you may use the Site and the Service and any updates provided by Hypertrap (in its sole discretion). Your right to use the Site and Service continues until it is terminated by either party. You may terminate by discontinuing use of all or any of the Site or Service. Hypertrap may terminate at any time for any reason. Your use terminates automatically if (i) you violate any term of these Terms of Use, (ii) Hypertrap publicly posts a written notice of termination on the Site, (iii) Hypertrap sends a written notice of termination to you, or (iv) Hypertrap ceases providing access to the Site or the Service to you. For purposes of clarity, termination of use does not constitute termination of this TOU.

Any communication by you to Hypertrap is subject to this TOU, and you grant to Hypertrap all rights to use and incorporate such contents in the Site or the Service or its documentation.

Restrictions: You are responsible for all of your activity in connection with the Service and accessing the Site. You may not use the Site or the Service:

(i) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hypertrap user;

(ii) to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;

(iii) to run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Service;

(iv) in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;

(v) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, contract rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use or with any terms or conditions or obligations relating to any third party website, app, API or the like (including, without limitation, traps);

(vi) to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Hypertrap is not responsible;

(vii) to sell, lease, share, transfer, or sublicense the Service or derive income from the use of the Service in conjunction with Hypertrap APIs or other web services, whether for direct commercial or monetary gain or otherwise, without Hypertrap's prior, express, written permission;

(viii) in a product or service that competes with products or services offered by Hypertrap.

Ownership The Site, Service and Content may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Hypertrap's rights apply to the Site, the Service, the Content and all interactions and functionality with Hypertrap APIs , excluding any software components developed by you which do not themselves incorporate Hypertrap, the Hypertrap APIs or any output or executables of their use. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. Hypertrap owns all right, title, and interest in and to Hypertrap. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Hypertrap, including (but not limited to) Hypertrap, the Site, the Service, the Content, the Hypertrap APIs and Hypertrap trademarks. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Hypertrap or from the copyright holder identified in such Content's copyright notice. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided immediately above), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part. Any comments, suggestions, or feedback relating to the Site or the Service (collectively "Feedback") submitted to Hypertrap shall become the property of Hypertrap or its designee. Hypertrap will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site, Service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Service, or operations. Without limitation, Hypertrap will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Hypertrap, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Support Hypertrap may elect to provide you with support or modifications for the Service (collectively, "Support"), in its sole discretion, and may change, reduce or terminate such Support at any time without notice to you. Hypertrap reserves the right to charge fees for Support. Fees Hypertrap reserves the right to charge fees for future use of or access to the Site or the Service.

Warranty Disclaimer Users of the Site or Service may gain access to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Hypertrap. Hypertrap does not make any representation or warranty whatsoever about any third party site that may be linked to or from the Site or Service. Hypertrap has no special relationship with or fiduciary duty to you. You acknowledge that Hypertrap has no control over, and no duty to take any action regarding: which users gain access to the Site or Service; what Content you access via the Site or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Hypertrap makes no representations concerning any Content contained in or accessed through the Site or Service, and Hypertrap will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

Hypertrap, THE SITE AND THE SERVICE ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. Hypertrap DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE SITE AND THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND Hypertrap EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA. Limitation of Liability Hypertrap SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT Hypertrap HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Hypertrap BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Release and Waiver To the maximum extent permitted by applicable law, you hereby release and waive all claims against Hypertrap, and its employees, officers, agents, or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Site or the Service. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. Hold Harmless and Indemnity To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Hypertrap, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Site or the Service (including anything you develop using Hypertrap), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Hypertrap shall use good faith efforts to provide you with written notice of such claim, suit or action. General Terms For all purposes of the Terms of Use, you and Hypertrap shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Hypertrap, express or implied, and you shall not attempt to bind Hypertrap to any contract. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect. The Terms of Use and the relationship between you and Hypertrap shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Hypertrap agree to submit to the personal jurisdiction of the courts located within the county of Boulder, Colorado.

Hypertrap's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any notice to Hypertrap that is required or permitted by this TOU shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to: -or- when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:

legal@hypertrap.com
Jabracadabra LLC Attn:
Legal 2525 Arapahoe Ave
Ste E4-714 Boulder, CO 80302