Terms of Use
These Terms of Use (this “Agreement” or the “Terms”) govern the agreement between Catalina Seven Ventures Inc. d/b/a C7 Ventures (“C7 Ventures”, “we”, “us”, “our” or words of similar import) and you (alternatively, a “User”) regarding your use of (a) the www.catalina7ventures.com website and any other C7 Ventures related websites (collectively, the “Website”), (b) the HORUS application, C7 Ventures platform, other mobile applications (including mobile versions of the Website) and any related services (collectively, the “Apps”), and (c) any software we make available through the Website or Apps and any other tools, modules, remote services, servers or other offerings or services of any kind owned, provided or otherwise operated by C7 Ventures (together with the Website and Apps, the “Services”).
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICES. BY ACCESSING OR USING ANY OF THE SERVICES OR ANY CONTENT OFFERED THROUGH THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS, AS THEY MAY BE UPDATED FROM TIME TO TIME IN OUR SOLE DISCRETION. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES.
Use of the Services is also governed by our privacy policy, the current version of which can be found at www.catalina7ventures.com/privacy-policy (the “Privacy Policy”), which is incorporated herein by reference.
1. Services.
1.1 License. Subject to the terms of this Agreement and your compliance with these Terms and any other relevant C7 Ventures policies, including the Privacy Policy, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to (a) use the Services solely for your personal, non-commercial purposes; and (b) install and use the App or any of our other Services, solely on your own computer or other device and solely for your personal, non-commercial purposes.
1.2 Minimum Age Requirement. A User may only use the Services if such User is at least eighteen (18) years of age.
1.3 Certain Restrictions. The rights granted to you in this Agreement are subject to the following: (a) you shall not license, sell, rent, transfer, assign, distribute, host or otherwise commercially exploit any Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of any Service; (c) you shall not access any Service in order to build a similar or competing service; (d) except as stated herein, no part of any Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) without first obtaining our written permission, you shall not use a given Service if we have notified you that you may not use such Service; and (f) you shall not use any Service to engage in any illegal conduct. All copyright and other proprietary notices on any Service content must be retained on any copies.
1.4. Activity Prohibitions. In addition, you agree not to use any of the Services to: (a) act in any way we deem to be in conflict with the spirit or intent of the Services, including circumventing or manipulating these Terms; (b) use any Service in connection with any violation of any applicable law, or do anything that promotes the violation of any applicable law; (c) modify any files or content that are used to offer any Service without our written consent; (d) disrupt, overburden or aid or assist in the disruption or overburdening of any computer or server used to offer or support any Service (each a “Server”); (e) institute, assist or become involved in any type of attack, including distribution of a virus, denial of service attacks upon any Service or other attempts to disrupt any Service; (f) gain, or attempt to gain, unauthorized access to any Service, third party accounts, Servers or networks connected to any Service by any means (including circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of any Service); (g) post any content that is abusive, threatening or that incites or promotes terrorism, promotes the production or use of weapons that a reasonable person understands could cause substantial harm or is obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive; (h) post any content that we deem, in our sole discretion, to be excessively violent or offensive or that contains a link to such content; (i) harass, abuse, harm, bully, intimidate or advocate, threaten or incite harassment, bullying, intimidation, abuse or harm of another person or group of persons, including our employees, customer service representatives, our independent contractors or other users; (j) post, distribute or make available through any Service any material or information that infringes any intellectual property right of any person or entity; (k) transmit unauthorized communications through any Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; (l) interfere or attempt to interfere with the proper functioning of any Service in any way not expressly permitted by these Terms; (m) use any offline reader, robot, tool, process or any other device or method of any kind to data mine, reproduce or circumvent any Service or content in any Service in any way; (n) intercept, examine or otherwise observe any proprietary communications used by a client, other user, Server or any Service, whether through the use of a network analyzer, packet sniffer or other device; (o) make any automated use of any Service or take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (p) use, facilitate, create or maintain any unauthorized connection to any Service, including: any connection to any unauthorized server that emulates, or attempts to emulate, any part of any Service, or any connection using programs, tools or software not expressly approved in writing by us; (q) copy, modify or distribute rights or content from any of our Services, including content that contains or is protected by our intellectual property rights, or use any method to copy or distribute the content of our Services, except as specifically allowed in these Terms; (r) solicit or attempt to solicit personal information from other users; (s) collect, harvest or post anyone’s private information (including personally identifiable information), identification documents or financial information through any of our Services; or (t) upload or transmit (or attempt to upload or to transmit), without our written permission, any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”). Any use of any Service in violation of any of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted under these Terms and may subject you to liability for violations of applicable laws.
1.5 Modification. We reserve the right, at any time, to modify, suspend or discontinue any Service or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Service or any part thereof. Any future release, update or other addition to functionality of any Service shall be subject to these Terms.
2. User Content.
2.1 User Content. “User Content” means any and all communications, materials, data and other information and content that you create, upload, post, send, share or otherwise transmit through use of any Service, including any information related to your use of any Service or any other third party platform you have authorized to interface with any Service. As between you and us, you are the owner of all rights, title and interest in and to the User Content, and except as otherwise expressly stated in these Term or the Privacy Policy, you reserve all rights in and to the User Content. You are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates this Agreement or any applicable laws. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content.
2.2 License. You hereby grant us a non-exclusive, perpetual, worldwide, royalty-free, fully paid up license to use your User Content as necessary or otherwise useful to provide any Service or otherwise in accordance with these Terms and the Privacy Policy. To be clear, any personal information included in your User Content may only be used by us in accordance with the Privacy Policy. Since certain Services are used in conjunction with our partners, the license you grant us for any of your User Content that you elect to share via any of our Services is broader than simple use. In addition to the foregoing, for User Content you elect to share at your sole discretion via our Services, you also hereby grant us a perpetual license to promote, exhibit, broadcast or otherwise display such User Content. While we are not required to do so, we may access, review, screen and delete your User Content at any time and for any reason, including if we think such User Content violates these Terms or any applicable law.
3. C7 Ventures Intellectual Property.
3.1 Ownership. As between you and us, the Services and all of their respective components and contents (including computer code, pre-populated content, concepts, artwork, photographs, audio-visual effects, text contained within and patent, copyright, trademark, trade secret and any other intellectual property rights therein) are owned by us. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries and may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any unauthorized purpose, including in any manner other than as permitted by these Terms, without our express prior written consent in each instance. You agree not to engage in, and are prohibited from engaging in, any reverse engineering, de-compiling or other activities designed to view the source code for any Service.
3.2 Feedback. In the event you provide us with any feedback about any Service, including, without limitation, any errors, flaws, issues, suggestions or otherwise (collectively, “Feedback”), you hereby assign to us any and all rights, title and interest in and to the Feedback, including, but not limited to, the right to use such Feedback in any manner we deem appropriate. To the extent any Feedback may not be assigned to us, whether under any applicable law or otherwise, you agree to provide us with an exclusive, royalty-free, fully paid-up, irrevocable, perpetual, transferable, worldwide license to use such Feedback in any manner we deem appropriate.
4. Third Parties.
4.1 App Stores. Our mobile App(s) may be downloaded from third party websites (e.g., Apple’s App Store) (“App Stores“). If you use any of our mobile Apps, you understand that the App Store’s terms (including its terms of use and privacy policy) apply and you agree to comply with such terms. App Stores are not under our control and we are not responsible for any App Stores. We provide our mobile App(s) through an App Store only as a convenience and do not review, approve, monitor, endorse, warrant or make any representations with respect to any App Store. You agree that your use of any App Store is at your own risk. For the avoidance of doubt, your use of any of the Services is governed by this Agreement and if any term in this Agreement is inconsistent with any App Store agreement, the terms of this Agreement will control, but only with respect to such Services.
4.2 Third Party Sites & Ads. You understand that our Services may feature advertisements from us or third parties or provide links to third party websites or vendors. The Privacy Policy addresses our disclosure of information for third party advertising and our policy regarding links to such third parties.
4.3 Other Users. We are not responsible for any User Content. We provide User Content only as a convenience and do not review, approve, monitor, endorse, warrant or make any representations with respect to your User Content or the user content of any other users. Your interactions with other Service(s) users are solely between you and such user. If there is a dispute between you and any other Service(s) user, we are under no obligation to become involved. You agree that we will not be responsible for any liability, loss or damage incurred as the result of any such interactions.
5. Seeking to Take Down Infringing Content. We reserve the right to terminate without notice your access to any Service if you are determined by us to be a “repeat infringer.” In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. Without limiting the foregoing, it is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe your work has been copied and posted on any of our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on our Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written 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; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: contact@catalina7ventures.com.
6. Warranty Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” AND WE MAKE NO (AND HEREBY DISCLAIM ALL) WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE OR INABILITY TO USE ANY SERVICE (IN WHOLE OR IN PART). WE DO NOT WARRANT THAT ERRORS CAN BE CORRECTED, OR THAT OPERATION OF ANY SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
7. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, MISUSE OR INABILITY TO USE ANY SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES. THE MAXIMUM LIABILITY OF C7 VENTURES ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR ANY SERVICE SHALL NOT EXCEED U.S. $50. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE OUR LIABILITY.
8. Term and Termination.
8.1 Failure to Comply. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCESS TO ANY SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOU USE ANY SERVICE FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR OTHER IMPROPER USE. WE SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR, AND SHALL HAVE NO LIABILITY TO YOU FOR, ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION OR DELETION OF YOUR ACCESS TO ANY SERVICE.
8.2 IP Infringement. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE ACCESS TO ANY SERVICE, OR ANY PORTIONS THEREOF, INCLUDING ANY CONTENT INCORPORATED THEREIN, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING ANY SERVICE IF WE BELIEVE THAT SUCH USERS ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR OTHER POLICIES.
8.3 Right to Cease Service. We reserve the right to stop offering or supporting any Service or part thereof at any time, at which point the license granted hereunder to you to use such Service or any applicable part thereof will automatically terminate. We shall not be required to provide refunds, benefits or other compensation to Users in connection with any such cessation of any Service.
9. Indemnification. You agree to defend, indemnify, save and hold us harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of (a) your use or misuse of any Service, (b) any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein, (c) your use or access of any third party software or service utilized in connection with any Service, (d) your violation of any applicable laws or any infringement by you, or any third party acting on your behalf, of any intellectual property, real property, privacy or other right of any third party, or (e) any intentional misconduct or negligence by you in using any Service. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your use of any Service.
10. General.
10.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we will notify you by sending you an e-mail to the last e-mail address you provided to us or by prominently posting notice of the changes on our Services. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice or the posting of such changes on our Services will nonetheless constitute effective notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property or other rights in any court of competent jurisdiction.
10.3 Contact Information. We welcome your comments or questions regarding these Terms or our practices. Please e-mail us at contact@catalina7ventures.com or contact us at the following address:
Catalina Seven Ventures Inc.
340 S. Lemon Ave. #7713
Walnut, CA 91789
10.4 Entire Agreement. This Agreement (including the Privacy Policy and any of our other policies incorporated by reference herein) constitutes the entire agreement between you and us regarding use of any Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
10.5 Copyright/Trademark Information. Copyright © 2020, Catalina Seven Ventures, Inc. All rights reserved. All trademarks, logos and service marks (“Marks“) displayed on any of our Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks..