Statement of Terms of Service

Date of Last Revision: October 30, 2015


This Statement of Terms and Conditions ("Terms," or "T&Cs") derives from the the website Principles, and is our terms of service that governs our relationship with users and others who interact with GrammarCheckup.com,  hereinafter referred to as “the website”, as well as the website brands, products and services, which we call the “the website services” or “services”. By using or accessing the the website services, you agree to this Statement, as updated from time to time in accordance with Section 13 below.

 

Because the website provides a range of services, which may change from time to time, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

 

  1. 1.Privacy

    Your privacy is very important to us. We designed our “Privacy Policy” to make important disclosures about how you can use the website and how we collect and can use your  information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions. 

  2. 2.Safety

    We do our best to keep the website safe, but we cannot guarantee it. We need your help to keep the website safe, which includes the following commitments by you: 

    1. 1.You will not upload unauthorized commercial communications (such as spam) to the website. 

    2. 2.You will not access the website, using automated means (such as bots, robots, spiders, or scrapers) without our prior permission. 

    3. 3.You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the website. 

    4. 4.You will not upload viruses or other malicious code. 

    5. 5.You will not use the website to do anything unlawful, misleading, malicious, or discriminatory. 

    6. 6.You will not do anything that could disable, overburden, or impair the proper working or appearance of the website, such as a denial of service attack or interference with page rendering or other the website functionality. 

    7. 7.You will not facilitate or encourage any violations of this Statement or our policies.
       

  3. 3.Registration and Account Security

    The website does not currently require users to register. When the website adds additional features, we may require users to register to obtain access to the additional features. If so, then users will be required to provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account: 

    1. 1.You will not provide any false personal information on the website, or create an account for anyone other than yourself without permission. 

    2. 2.You will not create more than one personal account. 

    3. 3.If we disable your account, you will not create another one without our permission. 

    4. 4.You will not use your personal account for your own commercial gain. 

    5. 5.You will not use the website if you are under 13. 

    6. 6.You will not use the website if you are a convicted hacker. 

    7. 7.You will keep your contact information accurate and up-to-date. 

    8. 8.You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 

    9. 9.You will not transfer your account to anyone without first getting our written permission. 

    10. 10.If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
        

  4. 4.Protecting Other People's Rights

    We respect other people's rights, and expect you to do the same. 

    1. 1.You will not upload content or take any action on the website that infringes or violates someone else's rights or otherwise violates the law. 

    2. 2.We can remove any content or information you upload to the website if we believe that it violates this Statement or our policies. 

    3. 3.If you  infringe other people's intellectual property rights, we will disable your account when appropriate. 

    4. 4.You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission. 

    5. 5.You will not upload anyone's identification documents, medical information, or  financial information to the website.
        

 

  1. 5.Sharing Your Content

    You own all of the content you upload on the website. In addition: 

    1. 1.For content that is covered by intellectual property rights, you specifically give us the following permission: you grant us a non-exclusive, transferable, royalty-free, worldwide license to use any IP content that you upload to the website (IP License). 

    2. 2.We always appreciate your feedback or other suggestions about the website, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). 

 

  1. 6.Mobile and Other Devices 

    1. 1.We currently do not support mobile services. We do intend to develop support for mobile services and to provide these services for free. Please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. 

    2. 2.In the event you change or deactivate your mobile telephone number, you will update your account information on the website within 48 hours to ensure that your messages are not sent to the person who acquires your old number. 


        

  2. 7.Payments

    The website services are currently provided at no cost. We reserve the right to add Premium Services in the future and to charge for these services. If you make a payment on the website, you agree to our Payments Terms unless it is stated that other terms apply.
     

  3. 8.Advertisements and Other Commercial Content Served or Enhanced by the website

    Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: 

    1. 1.You understand that we may not always identify paid services and communications as such. 

    2. 2.We give non-personally identifiable information to advertisers without your consent.
       

  4. 9.Special Provisions Applicable to Software 

    1. 1.You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission. 

  5. 10.Amendments 

    1. 1.If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page. 

    2. 2.Your continued use of the the website services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
        

  6. 11.Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the website to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
      

  7. 12.Disputes 

    1. 1.You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or the website exclusively in the U.S. District Court for the Northern District of Ohio or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Ohio will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. 

    2. 2.If anyone brings a claim against us related to your actions, content or information on the website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the website and are not responsible for the content or information users transmit or share on the website. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the website. We are not responsible for the conduct, whether online or offline, of any user of the website. 

    3. 3.WE TRY TO KEEP the website UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING the website AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT the website WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT the website WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. the website IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR the website, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR the website WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, the website'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
        

  8. 13.Special Provisions Applicable to Users Outside the United States

    We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the website outside the United States: 

    1. 1.You consent to having your personal data transferred to and processed in the United States. 

    2. 2.If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the website (such as advertising or payments) or operate a Platform application or website. You will not use the website if you are prohibited from receiving products, services, or software originating from the United States. 

    3. 3.Certain specific terms that apply only for German users are available here. 

  9. 14.Definitions 

    1. 1.By "the website" or” the website services” we mean the features and services we make available, including through (a) our website at www.grammarcheckup.com and any other the website branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. the website reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these  T&Cs. 

    2. 2.By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from the website or provide data to us. 

    3. 3.By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with the website. 

    4. 4.By "content" we mean anything you or other users upload, provide or share using the website services. 

    5. 5.By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from the website or provide to the website through Platform. 

    6. 6.By "upload" we mean upload on the website or otherwise make available by using the website. 

    7. 7.By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 

    8. 8.By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data. 

    9. 9.By “Trademarks” we mean all trademarks owned by the website.
        

  10. 15.Other 

    1. 1.If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and the website.   

    2. 2.This Statement makes up the entire agreement between the parties regarding the website, and supersedes any prior agreements. 

    3. 3.If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. 

    4. 4.If we fail to enforce any of this Statement, it will not be considered a waiver. 

    5. 5.Any amendment to or waiver of this Statement must be made in writing and signed by us. 

    6. 6.You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. 

    7. 7.All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. 

    8. 8.Nothing in this Statement shall prevent us from complying with the law. 

    9. 9.This Statement does not confer any third party beneficiary rights. 

    10. 10.We reserve all rights not expressly granted to you. 

    11. 11.You will comply with all applicable laws when using or accessing the website. 


By using or accessing the website services, you agree that we can collect and use such content and information in accordance with our Privacy Policy as amended from time to time.