I. Description of Service
Grappster provides its users (“You”), for a non-commercial personal use, with a fully-customizable website enabling you to select and aggregate Third-Party Content such as, including, but not limited to, RSS feeds, Twitter feeds, Facebook feeds or iCal events through Grappster Blocks (the “Service”). A Bock is defined as a software element providing content, including feeds and data, you can add, remove, resize and reposition. Grappster does not provide content but rather operates as an enhanced web browser.
Blocks may be added from the Grappster home page, the Grappster App Catalog or from the Internet and their content is provided by professional content providers, other users, or you. You may customize your Grappster page only accessible through your computer or from any computer by using your email address and password (your “Private Page”) by adding or deleting content and moving and editing each Block.
The Site also enables you to create, submit and/or share content (“Your Content”) by embedding it in a Block (“Your Block”) to be posted on the App Catalog. Once in the App Catalog, Your Block may be selected and used by all Grappster users who can add it to their personalized pages.
In addition to your Private Page, you can also create a personalized Grappster page accessible to the public and associated with a specific URL (your “Public Page” or “Universe”). With your Public Page, you can share the Blocks of your choice with your friends, regardless of whether these Blocks embed Your Content or Third-Party Content.
The use of the Service is free, although third parties may decide to charge a fee for accessing their content in whole or in part.
Each time you access the Site on your computer, or, if you are a registered user, on any computer by using your email address and password, the latest version of your personalized Grappster pages will be displayed as all modifications made to your page are saved in real time.
II. Registration and Conduct
To access and use the Service, you must be legally capable of entering into a binding agreement and acknowledge that some Third-Party Content might be found offensive by some and might not be suitable for individuals under the age of 18. You must also abide by all applicable statutes and regulations in the Netherlands and, if applicable, in your home country.
You also acknowledge that the activity of creating, submitting or sharing Your Content may give rise to various types of legal liabilities and you represent that Your Content (whether or nor you are the author of said content) complies at all times (both when first submitted and throughout its accessibility on the Site) with the TOS and all applicable laws. You understand that Grappster does not exercise any control over (other than technical if necessary) and does not pre-screen Your Content and Third-Party Content and may not be held liable for their communication to the public.
In particular, you are solely responsible of your choices of Blocks displayed on your Public Page and share them under your sole responsibility, regardless of whether these Blocks embed Your Content or Third-Party Content.
Registration, Email and Password
You do not need to register nor provide any personal data to access and use the Service. However, if you wish to access your personalized Grappster pages from any computer you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your Grappster account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to Grappster must always be promptly updated as soon as it stops being true, complete, accurate, or current.
Your password is confidential and you shall not communicate it to any third-party individual or website. You should immediately contact Grappster should you have reason to believe that your password is being used by an unauthorized third party. You shall be liable for all actions taken with your password as well as for any loss or liability consequential to such use. We may cancel your account without notice in the case of any violation of the TOS.
Conduct of Users
As a condition for accessing and using the Site and the Service, you agree:
a. Not to post, share, or otherwise transmit any content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, or is otherwise objectionable;
b. To respect the privacy of others, including that of your friends and followers, and the confidentiality of the information you may receive and not to post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
c. Not to harass any other user of the Site or to impersonate another user by any means including by using her/his email address and password;
d. To always provide truthful, sincere and actual personal data and information and to update said data and information as needed so that they remain true, complete, accurate, and current;
e. To respect the rights of others and, more generally, all applicable laws and regulations relevant to your use of the Service, and not to make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyrights, trademarks, service marks or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons;
f. Not to engage in any conduct or to post or share any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
g. Not to reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Site.
In case of any violation of the above, Grappster reserves the right to cancel or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. Grappster also reserves the right to block the distribution of Your Content or any Third-Party Content through the Service. You also agree that Grappster modifies, at its sole discretion, the name of Your Public Page/Universe for any reason, including your use of a generic name to identify your universe.
Further, you represent that you shall hold harmless (including reasonable attorneysÕ fees) Grappster, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use of the Service, the violation of the TOS or of any other document therein, or, more generally, the violation of the law.
III. Posting and Sharing Content
You may post and share Your Content by posting a Block and/or a Theme embedding it on the Grappster App Catalog. You understand that you share Your Content under your sole responsibility and represent that you own all the rights to, or have secured the necessary authorizations for said Content. You shall verify that Your Content is in compliance with the TOS and, more generally, is not harmful or unlawful.
You agree to comply with all policies or technical requirements from Grappster, provide all the data and information, whether personal and not, requested by Grappster, and more generally follow all procedures that may be implemented from time to time by Grappster with respect to the Blocks and the Themes. Without limiting the foregoing, you will respect all the rules, provide all information, and follow all instructions displayed on the Grappster App Catalog or in the Grappster Developers Network website.
You understand that you may not request any payment from Grappster for posting or sharing Your Block, Your Themes and/or Your Content.
Distribution of Your Content by Grappster
You expressly grant Grappster the right to, directly and indirectly, distribute Your Blocks. Grappster may distribute Your Content for both commercial and non-commercial uses without being liable to any payment or indemnification of any kind by Grappster to you. You agree that Grappster distributes Your Blocks either directly, for instance through the Grappster App Catalog, or indirectly, through any of its commercial partners. Grappster shall, at its sole discretion, decide whether or not it will distribute Your Content (and how it will do so), select its commercial partners, and determine all the terms and conditions of said distribution. If you disagree with any of the above, you shall not post Blocks on the Grappster App Catalog.
Although you may provide for paid access to Your Content or place monetization tools (including, but not limited to, advertisement and sponsored flux) within Your Content, you may never cause the same, directly or indirectly, to the container of Your Block, which remains the sole property and technology of Grappster. Any attempt to do otherwise will be a material breach of the TOS and you would be held fully responsible. Grappster may modify, without notice, the container of Your Block to add or suppress content of its choice, including the phrase “Powered by Grappster” or advertisements.
Further and more generally, you shall never, at no time and under no circumstance, attempt to monetize, in whole or in part, any Grappster property or technology, without prior written authorization from Grappster.
Identification of Your Content
As we do not exercise any control over Your Content, it is your sole responsibility when posting Your Content on the Grappster App Catalog to clearly and truly identify its actual or potential nature to ensure its classification in the proper category. This is necessary for the good operation of the Service and in order to protect other users by identifying content that may be explicit or pornographic.
Before developing Blocks, you must communicate all personal data or information requested by Grappster. You must update your personal data or information from time to time so that it remains true, complete, accurate, and current at all times.
You understand that you have no right whatsoever in the personal data or information pertaining to users of Grappster or of its commercial partners distributing Your Blocks. Further, Grappster or its commercial partners are under no duty to provide you with said data, wholly or in part, whether personally identifying or not. Without limiting the foregoing, you shall never collect the password associated with the account of a user of Grappster or of its commercial partners.
Limitation of Liability
Grappster does not host Your Content, although some content may be cached for efficiency purposes, and may never be liable for any loss of data or any harm to Your Content, your website, your computer system or any other electronic device.
Grappster may not be held liable for terminating the license herein granted or for discontinuing the distribution of Blocks embedding Your Content. Further, Grappster may not be held liable for any use or misuse of Your Content or services made by a third party or a commercial partner, or more generally for the conduct of others.
V. Proprietary Rights
Access to the Site
Grappster is the sole holder of all proprietary rights to the Site and the Service including the users databases. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Service may trigger your liability and result in criminal or civil legal action. You undertake not to access the Service by any means other than those made available to you by Grappster. The use of Third-Party Content may only be done in compliance with the authorization or license granted by the respective rightholders.
Intellectual Property – Copyright
The Site is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. You warrant that you will not modify, lease, borrow, sell, or distribute these works, or create derivative works based wholly or partly on the Site or on Third-Party Content. You may access the Site for your personal and private use. Printing is limited to your personal non-commercial use; any other use or communication is prohibited without receiving Grappsters prior written consent. All rights not expressly granted to you by the TOS are reserved.
The registered Grappster trademark and logo and all other Grappster trademarks are owned by Grappster BV. You agree not to use or communicate said trademarks or logo without our written consent. However, and by exception, you may reproduce the Grappster button on your website to enable users to add Your Content to their personalized Grappster web pages.
Intellectual Property of Others
We respect the intellectual property of others. If you believe that material over which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Site of the potentially infringing material, a statement of the rights you have asserted over the work, and a statement of the absence of authorization given to the party using said material.
You hereby grant Grappster the right to incorporate in its Services and Site Your Content as well as that of to distribute Your Blocks and as such reproduce, display, perform, adapt, and communicate to the public Your Content, worldwide and as long as your Blocks are accessible on the Grappster App Catalog. You further grant Grappster the right to reproduce your trademarks, trade names, service marks, logos, domain names or other identifying signs or images. Those rights are granted free of charge for Grappster and may be sublicensed by Grappster at its sole discretion to its commercial partners. You understand that you may not request any payment from Grappster for posting, sharing, modifying, or distributing Your Content.
Developing Blocks embedding Your Content does not confer you any right or exclusivity to the information, ideas and/or services you may communicate or provide to users. Grappster is under no duty to distribute Your Content. Without limiting the foregoing, you acknowledge and agree that Grappster or its users may develop Blocks and Themes similar to yours without incurring any type of liability whatsoever.
Limitation of Liability
You understand that you are accessing and using the Site and the Service at your own risk. Grappster may not be held liable for your reliance on any information or data you may have accessed, directly or indirectly, through the Service, nor for your accessing or downloading of any material, program, or file through the Service. Grappster may not be held liable for any loss of data or for any damage to your computer system or any other device used to access the Service.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
More generally, you accept that we may not be held liable for any consequential, special, or incidental damages, direct or indirect, resulting from the access to or use of the Service and/or Site and that the limitation of liability applies to Grappster BV and to its affiliated companies, principals, directors, agents, and employees.
Third-Party Content – Links
Grappster has no control over and does not host Third-Party Content and Third-Party Services. Similarly, we cannot control links to other websites or other Internet resources. These resources, content and services are provided to you “as is” to facilitate your web browsing.
As such, you acknowledge that we may not be held liable with respect to third-party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.
You expressly warrant that you own all the rights to, or have secured all the necessary authorizations for, the use and distribution of Your Content, including the right to sublicense those rights. As Grappster does not exercise any control in Your Content, you understand that Grappster may not be held liable for its communication to the public and share Your Content under your sole responsibility. Your Content shall at all times be in compliance with the Grappster TOS and, more generally, is not harmful or unlawful, in particular towards minors.
Further, you represent that you shall hold harmless (including reasonable attorneys’ fees) Grappster, its affiliated companies, its principals, its agents, its administrators, and its employees from and against any claim by any third party arising out of or connected with the use or distribution of Blocks embedding Your Content, the violation of the TOS, or, more generally, the violation of the law.
Update and Modification
We reserve the right to correct possible errors on the Site and, more generally, to modify, from time to time and without notice, the Site or any part thereof. We may not be held liable for any modification, interruption, or suspension of the Service or for any resulting damages.
We may send you notices via email, or display on the Site links to said notices. We may use this method, for instance, to inform you of future revisions to the TOS.
Termination of account
You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Site and/or to rename or terminate your account. You understand and accept that we may not be held liable for the cancellation of your account.
If any provision of the TOS is adjudged by a court to be void or unenforceable, this shall in no way affect any other provision of the TOS, which shall remain in full force and effect.
A waiver by Grappster of any term or condition of the TOS shall not be deemed or construed to be a waiver of such term or condition for the future or any subsequent breach thereof.
The headings of the clauses do not form part of and shall not be read into the construction of the TOS.
Choice of Law – Forum
The TOS and your relationship with Grappster are governed by Dutch law. Dutch courts shall have jurisdiction over any dispute arising out of or connected with the use of the Service or the Site.