Krumplr, Inc. / Task Krumplr - Terms of Service

Acceptance of Terms

BY CREATING AN ACCOUNT OR BY UTILIZING THE TASK KRUMPLR SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to the Task Krumplr service, website or mobile application (collectively, the "Service"). "Task Krumplr" referred to herein means the Krumplr, Inc. Task Krumplr, an online project and task management and collaboration tool. Your use of the Service is subject to these Terms of Service (collectively, the "Terms of Service" or "Agreement") and the Krumplr, Inc. Privacy Policy These Terms of Service are a legal agreement between You and Krumplr, Inc., a Delaware corporation, for use of the Task Krumplr service. "You" refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. Krumplr, Inc. reserves the right to update and change the Agreement from time to time by placing a notification in the Service and posting a revised version of these terms. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Description of Service Features

The Service allows You access to and use of one or more Task Krumplr accounts. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, "Content"). Subject to these Terms of Service, Krumplr, Inc. grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content provided by Krumplr solely for purposes of using the Service. Except for data that you provide for use in the Service and use outside of the Service, the use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, "Content" also includes all User Content (as defined below).

Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. You agree not to access the Service by any means other than through the interfaces that are provided by Krumplr, Inc. for use in accessing the Service. Krumplr, Inc. will provide the Service in accordance with this Agreement. Krumplr, Inc. may, at its sole discretion, modify the features of the Service from time to time without prior notice.

REGISTRATION

In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Krumplr, Inc. with an electronic mail address and other information ("Registration Data"). You may be required to verify this electronic mail address in order to utilize certain features of the service such as sharing. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Krumplr, Inc. of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Krumplr, Inc. cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration (sign up) form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Krumplr, Inc. assumes no duty to verify such information as further detailed in the DESCRIPTION OF SERVICE FEATURES section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Krumplr, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Krumplr, Inc. has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age. No one under the age of 13 may use the Service. Krumplr, Inc. may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

Billing/Payment Terms

Task Krumplr may be provided free for use, or as part of a paid upgrade ("Paid Plan"). Charges for the Service, if any, are outlined as set forth in the registration process.

Termination and Cancellation

If You terminate Your Account, via means provided for account deletion on the Task Krumplr website, or via electronic mail to ‘support’ at krumplr, and You request that Krumplr, Inc. delete Your User Content and files contained in Your Account, Krumplr, Inc. will make all reasonable efforts to promptly do so (except for any copies retained in routine backups).

Proprietary/Intellectual Property Rights

Krumplr, Inc. and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Krumplr, Inc.'s or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service or through any interfaces to the same. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.

Task Krumplr is a Trademark of Krumplr, Inc..

Export Restrictions

You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

Injunctive Relief

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Krumplr, Inc., its affiliates, suppliers and any other party authorized by Krumplr, Inc. and under such circumstances Krumplr, Inc., its affiliates and suppliers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

Proper Use

You agree to abide by the Acceptable Use Policy.

Krumplr, Inc. does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Krumplr, Inc. may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.

You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Krumplr, Inc., are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. Krumplr, Inc. does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.

You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Krumplr, Inc. be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Krumplr, Inc. does not pre-screen User Content, but that Krumplr, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, Krumplr, Inc. and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Krumplr, Inc. or submitted to Krumplr, Inc.

Apple Device and Application Terms. If you are accessing the Service via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each an “Application”), the following shall apply:

General Practices Regarding Use And Storage

You agree that Krumplr, Inc. has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Krumplr, Inc. may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Krumplr, Inc. retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

International Use

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

No Resale of the Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Krumplr, Inc..

Your Representations and Warranties

You represent and warrant that (a) all of the information provided by You to Krumplr, Inc. to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.

No Warranties or Representations by Krumplr, Inc.

You understand and agree that the Service is provided "as is" and Krumplr, Inc., its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Krumplr, Inc.'s servers. Krumplr, Inc., its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by Krumplr, Inc. or its authorized representatives shall create a warranty or in any way increase the scope of Krumplr, Inc.'s obligations. Without limiting the generality of the foregoing, Krumplr, Inc., its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

Indemnity

You agree to indemnify, defend and hold harmless Krumplr, Inc., its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.

Modifications To Service

Krumplr, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Krumplr, Inc. shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Krumplr, Inc. is intended or created by these Terms of Service.

Limitation Of Liability

In no event will Krumplr, Inc. or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Krumplr, Inc., its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Krumplr, Inc.'s, its affiliates', suppliers' and Resellers' maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months prior to the date of the claim.

Waiver And Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

Statute Of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Krumplr, Inc. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Choice Of Law And Forum

This Agreement shall be governed by and construed under the laws of the State of Oregon, USA, as applied to agreements entered into and to be performed in Oregon by Oregon residents. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Multnomah County, in the City of Portland, in the State of Oregon, USA.

Entire Agreement/General Provisions

This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Krumplr, Inc. may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Krumplr, Inc. upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Krumplr, Inc., and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service.

Contact Information

All notices or other correspondence to Krumplr, Inc. under this Agreement must be sent to the following electronic mail or U.S. mail address:

Krumplr, Inc.
818 SW 3rd Ave. #170
Portland, OR 97204-2405
‘support’ at krumplr

Date of last revision: July 22, 2014.