1. Introduction

These terms of use (“Terms”) govern your use of our website, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Paddling Furiously, Inc. (“Paddling Furiously,” “we,” “us,” or “our”).

By using our Services, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our Services.

2. Licence to use Services

Unless otherwise stated, we or our licensors own the intellectual property rights in the Services and Content. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print Content for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

• republish Content (including republication on another website or platform);

• sell, rent or sub-license Content;

• show any Content in public;

• reproduce, duplicate, copy or otherwise exploit Content for a commercial purpose;

• Edit, modify, prepare derivative works of, disassemble, decompile, or reverse engineerer any Content;

• redistribute Content except for content specifically and expressly made available for redistribution (such as our newsletter); or

• access the Services or Content in order to build a similar or competitive Services.

3. Acceptable use

You must not use our Services:

• in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

• to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

• to gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;

• to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;

• To access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Paddling Furiously (we conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Paddling Furiously’s prior written consent is prohibited); or

• in any manner that we reasonably believe to be an abuse of or fraud on Paddling Furiously or any payment system.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent.

You must not use our Services to transmit or send unsolicited commercial communications.

You must not use our Services for any purposes related to marketing without our express written consent.

4. User generated content

In these terms of use, “Content” means material (including without limitation information, images, text, links, graphics, photos, videos, audio material, video material, audio-video material, streams, software, tools, or other materials (“Your Content”),that you submit to our Services, for whatever purpose.  We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

You grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. You also grant to us the right to bring an action for infringement of these rights, to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Paddling Furiously. For example, this license includes the right to use Your Content to train AI and machine learning models. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You must not submit any user content to the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Any ideas, suggestions, and feedback about Paddling Furiously or our Services that you provide to us are entirely voluntary, and you agree that Paddling Furiously may use such ideas, suggestions, and feedback without compensation or obligation to you.

We reserve the right to edit or remove any material submitted to our Services, or stored on our servers, or hosted or published upon our Services.

[Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Services.]

5. Limited warranties

We do not warrant the completeness or accuracy of the information published on these Services; nor do we commit to ensuring that the Services and Content remains available or that the material on the Services is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to these Services and the use of these Services (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

6. Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the Services and the information and Content are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

8. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

9. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our Services from the date of the publication of the revised terms of use on our Services. Please check this page regularly to ensure you are familiar with the current version.

10. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

11. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

13. Entire agreement

These terms of use , together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our Services, and supersede all previous agreements in respect of your use of these Services.

14. Law and jurisdiction

This Agreement, and any disputes arising out of or related to, is governed by and shall be governed by and enforced in accordance with the laws of the Commonwealth of Delaware, without regard to any law or statutory provision which would require or permit the application of another jurisdiction’s substantive law. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Delaware (the “Delaware Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Delaware Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Delaware Courts represent the exclusive jurisdiction for all disputes relating to this Agreement. Notwithstanding the foregoing, (a) in the event that the applicable Subscription Agreement specifies that a different state’s or country’s law shall govern such agreement, such state’s or country’s law shall be deemed to govern this Agreement and each party consents to the exclusive jurisdiction and venue of the courts of such state or country, (b) if your Subscriber is a U.S. city, county or state government entity, the laws of your state shall govern this Agreement and each party consents to the exclusive jurisdiction and venue of the courts of such state for any litigation or dispute arising out of or relating to this Agreement and (c) if your subscribing organization is a U.S. government entity, U.S. federal law will govern this Agreement (except that, to the extent permitted by U.S. federal law, the laws of the Commonwealth of Delaware will apply in the absence of applicable U.S. federal law) and each party consents to the exclusive jurisdiction and venue of the federal courts located in Delaware County, Delaware for any litigation or dispute arising out of or relating to this Agreement. EACH PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES.

15. Our details

Paddling Furiously Inc

30 Chatham Road

Suite 61

Short Hills, NJ 07078 USA

Email: ContactUs@paddlingfuriously.com