Use It Or Lose It (AKA Our Terms of Use)

Well, this is what happens when you put a “non lawyer” in charge of the Terms of Service of a web app.

So, what’s supposed to be here?

This is where We tell you how you can use our service, when We can kick you out for being an undesirable user, why you can’t sue us, and things like that.

We’ll take it slow and try to explain it the best we can.

Read this page carefully before using our Service because when you start using it you’re agreeing to the stuff on this page. And who knows, we may ask that by using this Service you have to name your first born child after our founder (Mike is kind of a cool, retro name) or something funky like that. If you don’t want to agree to everything listed below, then don’t use our Service. 🙁

If you have any questions, contact us and a real person (not a lawyer, not that they aren’t real people) will reply to you via email.


(Ahem)

We (whenever we say “We” or “Our” with capitalization like that, we mean “the peeps at Web X.0 Media who put this website together”) run a blog and website platform called Resolution.club that helps you be a better person and make the world a better place. We would love for you to use it!

Alright, here comes the hit parade:

  1. Age.
    First off, if you’re under 13, don’t use our service. We suspect that some people will be using some — how shall we put this — colorful words that we wouldn’t be comfortable with our kids seeing. So, go to your room. And don’t use our service.
  2. Be Secure. Be, Be Secure.
    You create an account and login with Facebook. Don’t let your Facebook account get hacked or that person can sign into your Resolution.club account too. That would suck. In any case, you are fully responsible for all activities that occur under your Resolution.club account. Tell Us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Oh yeah, we said it.
  3. Making Resolutions.
    Our service is designed to encourage you to express your goals. However, you are entirely responsible in what you publish and share (your “Content”, which can be text, photo, video, audio or code) and any harm resulting from it. Specifically, don’t be a jerk by posting spam, viruses, hate speech, or threats of violence and anything like that in your resolutions. Our editors will remove resolutions they think are not nice, because shouldn’t we all be nice? Repeated not nices will land you in timeout. If you find a something you believe violates our “be a good person” guidelines, please tell us. If you can’t sign in any longer, you may be in timeout. Contact us and we can pow wow about it.
  4. Resolutions Are Public.
    You know how we say “we’re the opposite of Fight Club“? Talking about your resolutions gets your friends to support you. So everything on Resolution.club is public, because that’s how it works. Get ready for it…some legal stuff we had to include: By submitting Content to Resolution.club for inclusion on our site, you grant Resolution.club a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your resolutions. This license allows Resolution.club to make publicly-posted content available to third parties selected by Resolution.club (like Facebook) so that these third parties can promote your resolutions through their services. You also give other Resolution.club users permission to share your Content on other websites and add their own Content to it because they may join your resolutions. If you delete Content, Resolution.club will use reasonable efforts to remove it, unless we can’t. For example, if you create a resolution and someone else joins it, then you can remove yourself but the resolution will continue on because at least one other person is bettering themselves. Oh yeah, and we have server caching so if we delete some stuff it may not immediately go away. Sit tight.
  5. Metrics.
    We use third party tracking systems like Google Analytics to measure Our audience and usage. We’ll probably use more than one system, and likely try out some additional systems as we grow. Check back here for updates because we’re happy to tell you what we’re doing.
  6. Timeout.
    We have not reviewed, and cannot review, all Resolutions and associated content including links to third party sites. By operating our Service, We do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
  7. Copyright Infringement and DMCA Policy.
    (Boy, this page got serious fast.) If you believe that material located on Resolution.club violates your copyright, you are encouraged to notify Us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a user’s access to and use of Our website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Us or others.
  8. Intellectual Property.
    (OMG, when will it end?!) This Agreement does not transfer from Us to you any of Our or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. Resolution.club and all other trademarks, service marks, graphics and logos used in connection with Our Services, are trademarks or registered trademarks of Web X.0 Media Our licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Resolution.club or third-party trademarks. The Pinky Swear icon was created by Piotrek Chuchla, PL. Attribution 3.0 United States (CC BY 3.0 US).
  9. Ch-ch-changes.
    We are constantly updating our Service and that means sometimes we have to change the legal terms under which our Services are offered. In other words, this page will be updated from time to time. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. If you don’t like our changes, then you can stop using our Service. But your continued use of our Services will be subject to the new terms.
  10. Money, Money, Money.
    Our service is free, but we anticipate making money somehow in the future as not making money kinda sucks. When we do figure out how to make money, we will update this page and various parts of the website… ’cause maybe you’ll want to pay for it. That would be awesome.
  11. Kitchen Sink.
    Everything else you need to know is in this section. It’s full of legal mumbo jumbo that our lawyers said we need to include. Our Services are provided “as is,” meaning We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Us nor Our suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Use our Services at your own discretion and risk. Now, in no event will We, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. But wait, there’s more! You represent and warrant that (i) your use of our Services will be in strict accordance with the Our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party. (Almost there!) You agree to indemnify and hold harmless Resolution.club, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

That’s it! See, that wasn’t so bad, now was it?