Haven Mountain Slik, SRL ("Haven Mountain Slik") operates Haven Mountain Slik (as defined below), your use of Haven Mountain Slik is governed by these Terms of Service (“Terms”), and your use of Haven Mountain Slik constitutes your acceptance of the Terms.
"Haven Mountain Slik" (the "Service") means Haven Mountain Slik project management solution made available at https://havenmountainslik.com/ (the “Site”) and any other software, sites, and services offered by Haven Mountain Slik in connection therewith but does not include any sites, services, products, or offerings governed by other terms of use, or, other agreements between you and Haven Mountain Slik. "Customer Data" means any data you make available to Haven Mountain Slik or Haven Mountain Slik from your Haven Mountain Slik account for the purpose of using Haven Mountain Slik. "Content" means all content generated by Haven Mountain Slik on your behalf (including metric data) and does not include Customer Data.
We will endeavor to provide you with notice about major changes to the Terms or Haven Mountain Slik and other changes (via email to the address on your account), but we make no guarantees. Other changes could be, without limitation, changes to payment policies, security patches, added or removed functionality, and other enhancements or restrictions to Haven Mountain Slik. Your use of Haven Mountain Slik after the Terms have changed constitutes your acceptance of the Terms as changed. You may reject changes to the Terms by terminating your subscription in accordance with the "Cancellation and Termination" section of these Terms of Service. Haven Mountain Slik shall not be liable to you or to any third party for any change to Haven Mountain Slik.
Please use Haven Mountain Slik responsibly and in compliance with these Terms. If you don't, we reserve the right to terminate your subscription in accordance with the "Cancellation and Termination" section of these Terms of Service.
1. Use of HAVEN MOUNTAIN SLIK PLATFORM
To use Haven Mountain Slik, you must (i) have a Haven Mountain Slik account (ii) authorize Haven Mountain Slik to access your Customer Data to provide Haven Mountain Slik, (iii) provide accurate Haven Mountain Slik account information any time you register to use Haven Mountain Slik, (iv) provide accurate Haven Mountain Slik account information when you register to use Haven Mountain Slik, and (v) be a human over the age of 13. Uses by automated methods are not permitted. You grant Haven Mountain Slik a non-exclusive, royalty-free, and worldwide license to use, store, and copy your Customer Data in order to provide Haven Mountain Slik.
You are responsible for the security of your passwords and for any use of your account. You may not allow multiple people to use the same account or otherwise access Haven Mountain Slik in a manner intended to avoid incurring fees.
You must comply with all applicable Haven Mountain Slik policies and terms of service. Haven Mountain Slik is not responsible for any acts or omissions of Haven Mountain Slik whether related to your account or otherwise.
Haven Mountain Slik reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Haven Mountain Slik disabling or throttling your usage of the Service for any amount of time.
You are responsible for obtaining access to Haven Mountain Slik and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
You may not use Haven Mountain Slik:
- for any illegal purpose, in any manner inconsistent with applicable laws, regulations, or ordinances, or to submit, post, upload, or otherwise transmit any Customer Data or Content that is unlawful, defamatory, libelous, invasive of another's privacy, abusive, threatening, harassing, vulgar, obscene, indecent or otherwise objectionable;
- to submit, post, upload or otherwise transmit any Customer Data or Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights, fiduciary rights and proprietary rights;
- to submit, post, upload or otherwise transmit Customer Data or Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Haven Mountain Slik or another person's computer; or
- if you are a person barred from receiving Haven Mountain Slik under the laws of the United States or other countries, including the country in which you are resident or from which you use Haven Mountain Slik.
2. Cancellation and Termination
To cancel your subscription, account, and access to Haven Mountain Slik, send us an email at hi@tryprojecthub.com instructing us to do so or cancel via the functionality on the Waffle website. If you paid for your subscription, Haven Mountain Slik is not obligated to provide any refunds if you cancel your subscription or if Haven Mountain Slik terminates your subscription because you breached these Terms. If your subscription is cancelled or terminated in accordance with the foregoing before the end of the current paid-up month, your cancellation will take effect immediately and you will not be charged again. All of your Customer Data and Content will, within a reasonable amount of time to be determined solely by Haven Mountain Slik, be deleted from Haven Mountain Slik upon cancellation.
You agree that Haven Mountain Slik, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the Service may be without prior notice, and you agree that Haven Mountain Slik will not be liable to you or any third party for such termination. If you paid for your subscription, and Haven Mountain Slik did not terminate or suspend your account due to your breach of these Terms, Haven Mountain Slik will provide a pro-rata refund of unused subscription fees if it terminates or suspends your account in accordance with this paragraph.
3. Customer Data
Haven Mountain Slik claims no ownership or control over any Customer Data. Except for the license expressly granted by you to Haven Mountain Slik to provide Haven Mountain Slik, you retain all right, title, and interest in and to Customer Data and you are responsible for protecting those rights and interests, as appropriate. Notwithstanding the foregoing, you grant to Haven Mountain Slik for its use a worldwide, non-exclusive, royalty-free license to aggregate or compile Customer Data with customer data of other users of Haven Mountain Slik so long as such aggregation or compilation omits any data that would enable the identification of you (“Aggregated Data”). Haven Mountain Slik shall have a worldwide, perpetual, royalty-free license to use, modify, distribute and create derivative works based on such Aggregated Data, and as between you and Haven Mountain Slik, Haven Mountain Slik shall own all compilations of the Aggregated Data, including all reports, statistics or analyses created or derived therefrom.
You understand that projects in Haven Mountain Slik will display Customer Data to you and any collaborators that you designate for that project. You are solely responsible for any collaborators and third-parties (including third-party services) that you allow to view Customer Data and entrust them at your own risk.
You are solely responsible for configuring Haven Mountain Slik to allow appropriate access to your Customer Data. Haven Mountain Slik is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties to view any Customer Data.
4. Ideas and Feedback
As part of your use of Haven Mountain Slik, you may choose, or we may invite you, to submit comments, feedback or ideas about Haven Mountain Slik, including but not limited to ideas about improving Haven Mountain Slik or our other offerings ("Ideas"). You hereby grant Haven Mountain Slik a perpetual, royalty-free, unlimited, worldwide license to use and/or incorporate such Ideas into any Haven Mountain Slik offering (including Haven Mountain Slik) at any time in Haven Mountain Slik’s sole discretion. Ideas you submit will not be afforded any confidential treatment by Haven Mountain Slik, regardless of whether you request such treatment or otherwise designate Ideas as proprietary or confidential.
5. External Sites and Content
The Haven Mountain Slik may contain links to other websites or content (“Third Party Sites”). Haven Mountain Slik does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site, including any applicable license agreement. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Haven Mountain Slik bears no responsibility for any action associated with any Third Party Site.
6. License and Restrictions
Subject to and conditioned upon your agreement to and compliance with these Terms, we will make Haven Mountain Slik available to you on a subscription basis solely for your own use and not for resale or to provide services to any third party.
Excluding Third Party Sites and their related content, all of the content available on or through Haven Mountain Slik, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, but expressly excluding Customer Data, is owned and/or controlled by Haven Mountain Slik, its licensors or Haven Mountain Slik users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that Haven Mountain Slik and any underlying technology or software used in connection with Haven Mountain Slik contain our proprietary information.
You will not, nor will you attempt to (or allow anyone else to or attempt to):
- copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Haven Mountain Slik or any part thereof;
- attempt to disable or circumvent any security or verification mechanism used by Haven Mountain Slik;
- use Haven Mountain Slik in any manner, or otherwise engage in any activity, that could damage, disable, overburden or impair our servers or networks, or interfere with or disrupt Haven Mountain Slik or any other users' use or enjoyment of Haven Mountain Slik.
- attempt to gain unauthorized access to any of Haven Mountain Slik, member accounts, or computer systems or networks, through hacking, password mining or any other means.
- remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through Haven Mountain Slik or in any content or other material obtained via Haven Mountain Slik;
- use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of Haven Mountain Slik;
- reformat or frame any portion of the web pages that are part of Haven Mountain Slik;
- use Haven Mountain Slik for commercial purposes not permitted under these Terms;
- in connection with your use of Haven Mountain Slik, make unauthorized use of others’ Haven Mountain Slik accounts or Customer Data;
- create user accounts by automated means or under false or fraudulent pretenses;
- provide or use tracking or monitoring functionality in connection with Haven Mountain Slik, including, without limitation, to identify other users’ actions or activities;
- impersonate or attempt to impersonate any other person or entity, including without limitation Haven Mountain Slik or any employee, contractor or associate of Haven Mountain Slik; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
7. Open Source Software
Open source software licenses for components of Haven Mountain Slik released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Haven Mountain Slik only for the use of the components of Haven Mountain Slik released under an open source license.
8. Monitoring of Content
You understand that Haven Mountain Slik may access and disclose Customer Data or otherwise provide third parties access to it for the following reasons:
- to send an email message to you upon your request;
- to maintain the Site and Haven Mountain Slik and to develop new and useful features and services;
- to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
- to enforce these Terms;
- to respond to claims that any Customer Data or Content violates third party rights;
- to respond to your requests for customer service; and
- to protect the rights, property, or personal safety of Haven Mountain Slik, users of Haven Mountain Slik’s offerings, including without limitation Haven Mountain Slik, and the public.
9. Our Copyright Dispute Policy
Haven Mountain Slik respects the intellectual property of others and requires that our users do the same. If you believe that material or content residing on or accessible through Haven Mountain Slik infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on Haven Mountain Slik (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached by email at: hi@tryprojecthub.com or at the following postal address:
Attn: Legal/Urgent, Haven Mountain Slik/Haven Mountain Slik, 1011 Cassinoni, Montevideo, Uruguay
Disclaimer of Warranties:
IF YOU ACCESS Haven Mountain Slik, YOU DO SO AT YOUR OWN RISK. WE PROVIDE Haven Mountain Slik “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT Haven Mountain Slik. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO Haven Mountain Slik, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT Haven Mountain Slik IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Haven Mountain Slik WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Haven Mountain Slik (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF Haven Mountain Slik OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH Haven Mountain Slik. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Haven Mountain Slik MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH Haven Mountain Slik OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. Haven Mountain Slik DOES NOT WARRANT THAT Haven Mountain Slik WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT Haven Mountain Slik IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL Haven Mountain Slik, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
10. Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR USE OF Haven Mountain Slik. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE Haven Mountain Slik, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH Haven Mountain Slik. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Haven Mountain Slik’S LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE FEES YOU PAID Haven Mountain Slik IN THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. Indemnification
You agree to hold harmless and indemnify Haven Mountain Slik, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of Haven Mountain Slik, (c) your violation of applicable laws, rules or regulations in connection with Haven Mountain Slik, or (d) your Customer Data, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Haven Mountain Slik will provide you with written notice of such claim, suit or action.
12. Choice of Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws, and the parties consent to the jurisdiction of the federal courts of the State of California. Each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods will not apply to These Terms.
13. General Legal Terms
These Terms constitute the whole legal agreement between you and Haven Mountain Slik and govern your use of the Service and completely replace any prior agreements between you and Haven Mountain Slik, written or oral, in relation to Haven Mountain Slik.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Haven Mountain Slik to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Haven Mountain Slik shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Haven Mountain Slik may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign these Terms.
These Terms are adapted from the Waffle.io Terms of Service, which is an adaption of the CodeClimate Terms of Service, which is an adaption of the Heroku Terms of Service, which in turn is an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither CA, Inc, CodeClimate, LLC, Heroku, Inc. nor Google, Inc. is connected with, nor do they sponsor or endorse, Haven Mountain Slik or its use of the work.
Version 1.0, June 7, 2017