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Terms of Service

 

Start It Today, Interactive Inc. (“ Start It Today“, “ we ” or “ us “) is an online service provider that provides a set of services and technology applications that enable users to create their own Networks utilizing our technology platform (the “ Start It Today Platform “). Start It Today is not involved in the management of Networks on the Start It Today Platform and is not involved in the decisions relating to the focus of Networks or the Content uploaded or published to Networks using the Start It Today Platform. These are your Networks and, as a Network Creator, you are responsible for managing them in all respects (including the actions, conduct, and Content of Your Members) in compliance with these Terms of Service.

These Terms of Service contain general terms that apply to all users of the Start It Today Platform whether they create, join or browse Networks. When using the Start It Today Platform, you will also be subject to the Start It Today Privacy Policy and additional posted guidelines, policies or rules applicable to specific services and features on the Start It Today Platform, which may be posted by us from time to time (collectively, the “Guidelines“). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.

The Start It Today Platform is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Start It Today Platform. Any person who provides their personal information through the Start It Today Platform represents to us that they are 13 years of age or older.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using or creating a Network on the Start It Today Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity.

By registering with us or using or browsing the Start It Today Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Start It Today Platform at any time.

  1. Definitions

Content” means (i) any work of authorship in a Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Network or the Start It Today Platform. “Your Content” is any Content that you submit to a Network or the Start It Today Platform, either as a Member or Network Creator (each as defined below). If you are a Network Creator, Your Content includes the name, logo, trademark, brand features and other Content that you make available. Content does not include Network Code or Platform Code.

Members” are users who have registered with a particular Network on the Start It Today Platform. “Your Members” are Members who have registered with Your Network.

Networks” consist of Network Code and other Content and are web applications run Start It Today on top of the Start It Today Platform. Networks are created by Network Creators and are provided for their Members of that Network to interact and connect with other Members. Network features may include Member profiles, friends, invitations, discussion forums, photo sharing, video sharing, music and podcast sharing, events, latest activity streams, RSS feeds, pages, ratings, reviews, and recommendations, among others as well as Third Party Applications. If you are a Network Creator, “Your Network” is a Network created and operated by you on the Start It Today Platform.

Network Code” means the software code (i.e., HTML, Javascript, or PHP code) used to provide the functionality for a Network that is interpreted by the Platform Code (as defined below). Network Code consists of Start It Today proprietary code, Third Party Software (as defined below), and may also consist of or interact with Your Code (as defined below), as applicable, but expressly excludes Platform Code.

Network Creator” is a user who creates, manages and operates one or more Networks on the Start It Today Platform. A Network Creator is by definition a Member of each of his or her Networks.

Network Data” means all data collected from a Network or Member and includes registration information (including the Internet protocol (IP) address used by a Member at the time of registration), profile data, answers to Network profile questions, all Content and other information contributed by Members, and statistical information and analytics relating to usage and interactions within the Network.

Start It Today Product Plans” are the feature related services offered by Start It Today for a fee.

Start It Today Technology” means the past, present and future content of the Start It Today Platform, including all software in any format (including the Platform Code and Network Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Start It Today Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Start It Today Platform and the Start It Today Platform itself, including, the selection, sequence, and “look and feel” and arrangement of items on the Start It Today Platform, and all Start It Today Marks (as defined below), domain names, patents, and other intellectual property. Start It Today Technology does not include Your Content or Your Code.

Platform Code” means the proprietary portion of the Start It Today Platform that is used to interpret the Network Code and other services available on the Start It Today Platform.

Third Party Software” means software that is licensed to you by third parties, including software that is subject to so-called “open source” licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format, and including the GNU General Public License.

Themes” means any Content or combination of script, code, or other computer software that constitute a theme on the Start It Today Platform. “Start It Today Theme” means a Theme created by Start It Today. “Third Party Theme” means a Theme not created by Start It Today.

Users” are all end users of the Start It Today Platform, and include Network Creators, Members, Third Party Application Developers, and any unregistered users or browsers.

Your Code” means any script, code, or other computer software created by you that interacts with the Start It Today Platform.

  1. Creating Your Own Network

The Start It Today Platform is designed to give Network Creators and their Members the freedom to create and control their own experiences on Networks. Subject to this Agreement, as a Network Creator, you are responsible for controlling and managing your Network in all respects and as between Start It Today and you, you own all of Your Code, Your Content, and Your Network Data. Start It Today does not claim any ownership rights in Your Code, Your Content, or Your Network Data. In addition, Members of Your Network are your responsibility and Start It Today does not assume or accept any responsibility for the actions, conduct or Content of Your Members.

  1. Start It Today Product Plans And Payment

Start It Today Product Plans

As a Network Creator, you must purchase a Start It Today Product Plan for your Network. The categories and prices of the currently applicable Start It Today Product Plans, which we refer to as “Start It Today 3.0 Networks” and are subject to change from time to time. If you created Your Network prior to March 11, 2018, which we refer to as “Start It Today 2.0 Networks”, the categories and prices of Start It Today Product Plans and are subject to change from time to time. Start It Today may offer promotional campaigns and plans placing detailed information about such campaigns and plans. Start It Today may choose to temporarily change the fees for promotional or new services, and such changes are immediately effective when Start It Today posts the temporary promotional event or new service on the Start It Today Platform. At the end of your promotional period, your fees will automatically revert to the then-current fees for the applicable Start It Today Product Plan. Any changes to fees for the Start It Today Product Plans that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Start It Today Platform. The changes shall only apply prospectively to the items you’ve purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment/Ongoing Plans/Cancellation

You are responsible for paying all fees and applicable taxes associated with the Start It Today Product Plans in a timely manner with a valid payment method. You authorize Start It Today or its third party payment providers to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method“) for all charges to your accounts with Start It Today. Your Payment Method will be charged the current fee for the Start It Today Product Plans you choose promptly following the end of your free trial period. To view and manage information relating to your Start It Today Product Plans, including billing and invoice history, please sign in to your Start It Today.com account.

You agree that your Start It Today Product Plans will continue in effect unless and until you cancel it or Start It Today terminates it. Unless so cancelled or terminated, Start It Today will automatically charge the applicable fee (and any taxes, if applicable) to your Payment Method at the begin Start It Today of each recurring billing period.  For example, if you choose a Start It Today Product Plan with a monthly billing plan, you will be billed each successive month on or about the same date of the month that you initially clicked the purchase button (or otherwise elected to make a purchase). Additionally, we may offer a pre-pay payment option (such as annual billing) for payment of Start It Today Product Plans (“Pre-Payment Plan”). If you opt for a Pre-Payment Plan, your Payment Method will be charged the then-current fee for that Start It Today Product Plan at the commencement of the initial period and each renewal period. You may cancel your Start It Today Product Plans by following Click Here and in the subject type cancel membership and in the body of the form give your username.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Start It Today may be shared by Start It Today with companies who work on Start It Today’s behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Start It Today and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Start It Today all charges incurred under your account for any Start It Today Product Plans in which you or anyone else who uses your account enroll in accordance with this Agreement.  If your Payment Method fails or your account is otherwise past due, (a) you agree to pay all amounts due on your account upon demand, (b) Start It Today may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Start It Today reserves the right to either suspend or terminate your Start It Today Product Plans or your account with Start It Today. Please note that this means that if your account is past due, or if you have otherwise terminated or suspended your Start It Today Product Plan, access to your Network may be disabled and all items in Your Network, including its Content and Network Data, may be permanently deleted from the Start It Today Platform.

Start It Today Product Plans are subject to the billing and refund policy set forth here. Except as may be set forth in such billing and refund policy or Section 30 (Term and Termination), any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Start It Today within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Start It Today.

Taxes

You are responsible for paying any governmental taxes imposed on your use of the Start It Today Platform, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Start It Today the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Start It Today is obligated to collect such taxes, the applicable tax will be added to your billing account.

  1. Your Code and Licenses to Your Code

You own all of Your Code that you create to interact with the Start It Today Platform. Start It Today does not claim any ownership rights in Your Code. If you create any of Your Code to interact with the Start It Today Platform, subject to the licenses granted by you herein, you continue to retain any ownership rights you have and have the right to use and license Your Code in any way you choose (and you are responsible for protecting those rights as appropriate). At any point, you can take Your Code from Your Network and cancel your account and Start It Today shall not retain any license rights, except as provided below.

You hereby grant Start It Today a non-exclusive, worldwide, transferable, royalty-free right and license to use, access, store, cache, publicly display and publicly perform Your Code (a) for the purpose of operating and making Your Network available for interaction with the Start It Today Platform and in all current and future media in which the Start It Today Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes so that we may derive metrics and analytics relating to the Start It Today Platform and Your Network.

You are responsible for making sure that you have all rights in Your Code and all rights that are necessary for you to grant the foregoing licenses to Your Code. You are solely responsible for ensuring that Your Code is compatible with any Start It Today Technology. Start It Today disclaims any liability or responsibility for any unauthorized use of Your Code by third parties or Users of Your Network and is not responsible for protecting Your Code.

  1. Your Content and Licenses to Your Content and Network Data

You own all of Your Content, Your Network Data and other information that you upload to the Start It Today Platform. Start It Today does not claim any ownership rights in Your Content or Your Network Data. After posting Your Content, subject to the licenses granted herein, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any legally permissible way you choose. The Content that you upload to any Network needs to comply with the terms of this Agreement. At any point, you can remove Your Content from Your Network and cancel your account and Start It Today does not retain any license rights.

You hereby grant Start It Today, during the course of your usage of the Start It Today Platform, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the purpose of operating and making Your Content and Network Data available on the Start It Today Platform and in all current and future media in which the Start It Today Platform may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; and (ii) disclose any such metrics and analytics regarding Your Content and Network Data for marketing and business development purposes. This license will terminate at the time you remove Your Content from the Start It Today Platform. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).

For Start It Today 3.0 Networks, Start It Today may introduce the option to participate in a marketplace-type program designed to entice Network Creators to benefit from each other in terms of Content and Members across the Start It Today Platform. The intent of such program would be to provide participating Networks with several benefits, including: (i) reaching a broader audience with compelling Content from Your Network (for example, Network Creators of Start It Today 3.0 Networks could be given the option to feature Content that originated from other participating Start It Today 3.0 Networks and/or compelling Content from participating Start It Today 3.0 Networks could be redistributed by on its owned & operated web properties (in each case, with attribution and links back to the originating Network) and (ii) new ways to attract Members that may be relevant to Your community and objectives (for example, a transparent and automated way for any Member of a participating Start It Today 3.0 Network to discover other relevant Start It Today Networks that are participating in such program and/or participating Start It Today 3.0 Networks may also be given periodic lists of suggested Members from other participating Start It Today 3.0 Network to invite to Your Network.

To deliver such an automated marketplace-type program, Start It Today 3.0 Networks that choose to participate in such program grant to Start It Today a right to (i) provide, promote and improve the Start It Today Platform, including through sending invitations and other similar bulletins to Members of Your Network and (ii) make Content submitted to the Start It Today Platform available for syndication, broadcast or other distribution elsewhere on the Start It Today Platform owned and operated websites. The rights in this paragraph would only apply if a Network Creator elects to grant such rights to Start It Today as part of Start It Today 3.0 Network subscription purchase flow or other similar mechanism offered to Network Creators by Start It Today.

You hereby agree that if Your Content is removed from any Network due to a violation of these Terms of Service, including in response to any valid DMCA (as defined below) take down notice or because such Content contains illegal images, Start It Today shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government enforcement agencies or otherwise required by law and to protect the rights, property or safety of Start It Today, any User or individual, or the general public.

You are solely responsible for Your Content and Network Data. You are responsible for making sure that you have all rights in Your Content and Network Data, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data. You understand that whether or not Your Content is published or marked private by you, Start It Today does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data.

Additionally, you understand and agree that Your Content and Network Data that is displayed on the Start It Today Platform may continue to appear on the Start It Today Platform, even after you have terminated your account, as portions of Your Content may have been incorporated into Member profiles, RSS feeds or other features.

In addition to the rights, licenses and privileges referred to above, you agree that Start It Today may use and refer to your Network (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Start It Today Platform, and any products, goods, features, capabilities and/or services associated with the Start It Today Platform.

As a Network Creator or Member you acknowledge that Start It Today and its designees reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any Content through or on any Network or the Start It Today Platform in whole or in part at any time for any reason or no reason with or without notice and with no liability of any kind.

If a Network or Member account is removed from the Start It Today Platform, the Content associated with that Network may also be deleted at the discretion of the Network Creator or Start It Today. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to a Network. You should be aware that Start It Today is not required and may not keep back-up copies of Content on the Start It Today Platform once the Network or Content is deleted. Additionally, Start It Today makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Start It Today Platform and you should independently back-up and archive Your Content.

  1. Licenses From Start It Today

License to Start It Today Platform

During and subject to the terms and conditions of this Agreement, Start It Today hereby grants you a limited, non-exclusive, non-sub licensable, non-transferable, freely revocable license to access and use the Start It Today Platform solely to enable your use and creation of Networks on the Start It Today Platform. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.

You agree that, as between you and Start It Today, all the intellectual property rights in the Start It Today Technology are owned by Start It Today or its licensors.

License Restrictions

Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

  • Run, rent, lease, loan, or sell access to the Start It Today Platform or the Start It Today Technology.
  • Decompile or reverse engineer or attempt to access the source code of the software underlying the Start It Today Platform or Start It Today Technology.
  • Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Start It Today Technology.
  • Access the Start It Today Platform to build a product using similar ideas, features, functions, interface or graphics of the Start It Today Platform.
  • Access (or attempt to access) any service on the Start It Today Platform by any means other than as permitted in these Terms of Service.
  • Circumvent, disable or otherwise interfere with security related features of the Start It Today Platform or features that prevent or restrict use or copying of any Content or Third-Party Content or enforce limitations on use of the Start It Today Platform or the Content and Third Party Content therein.
  • Access the Start It Today Platform to upload Your Code or Your Content to cause a breach of security to the Start It Today Platform or any Network or interfere with the proper working of the Start It Today Platform or prevent others from using the Start It Today Platform.
  • Delete the copyright and other proprietary rights notices on the Start It Today Platform.
  1. Independent Development; Feedback

You agree that Start It Today may be independently developing software, content and other products or services that may be similar to Your Code and Your Content and nothing in the Agreement will be construed as restricting or preventing Start It Today from creating, using or offering for use such software, content and other items, without any obligation to you.

You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Your Network or the Start It Today Platform (including the Network Code and Platform Code), including, without limitation, on the Start It Today Blog, Creators Network, Start It Today Build, the directory of Start It Today Apps, or in connection with surveys we send to you and as part of your participation in any council or similar group of Network Creators (“Feedback“). If you choose to provide us any such Feedback, you hereby assign all ownership in and to such Feedback to us, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you. To the extent the foregoing is deemed ineffective, you also hereby grant Start It Today a nonexclusive, perpetual, irrevocable, transferable, sub-licensable, royalty free, fully paid up license to use such Feedback.

  1. Required Start It Today Notices

Start It Today trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Start It Today Platform (“Start It Today Marks“) are the trademarks of Start It Today and may not be used without permission. Start It Today is not granting you a license under any intellectual property right to the Start It Today Marks. Other trademarks, logos, and trade names that may appear on the Start It Today Platform are the property of their respective owners.

In addition, Start It Today Networks may include a “Powered by Start It Today” clickable notice (“Start It Today Notice”) or other Start It Today Marks in the footer of each page of such Networks. The Start It Today Notice and Start It Today Marks may not be removed, obscured or otherwise adjusted, including through any custom CSS.

  1. Start It Today Ownership Rights

You agree that, as between you and Start It Today, Start It Today owns all right, title and interest, including, all intellectual property rights, in and to the Start It Today Technology. Any rights not expressly granted herein, are reserved to Start It Today. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Start It Today Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Start It Today Platform, including notices on any Start It Today Technology you download, transmit, display, print or reproduce from or using the Start It Today Platform.

  1. Support and Interaction for Network Creators

If you are a Network Creator, Start It Today provides documentation to assist you in creating and enhancing Your Network(s). You may access helpful information here. You are responsible for implementing and maintain Start It Today all support for Your Network(s), including answering questions from Your Members. This includes, if you’ve customized the Network Code yourself (only as authorized by Start It Today), fixing bugs that Your Members might find and tell you about.

  1. Advertising and Promotion for Network Creators

At your sole discretion and risk, you may sell, run and/or serve third party advertising on your Network. If you include advertising on your Network, you agree and consent to Start It Today providing you with information, offers, programs, features and functionality relating to advertising, including deals with advertising partners and advertising networks.

YOU AGREE THAT START IT TODAY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.

  1. Third Party Content and Hyperlinks to Third Party Sites

Networks may contain features and functionalities that allow access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that Start It Today will not be responsible.

Additionally, Code, Content or Themes from Users, third parties, or advertisers, including, information about third party products and services and any Third-Party Applications, may be made available to you through Networks (“Third Party Content“) on the Start It Today Platform. The inclusion of Third Party Content on the Start It Today Platform does not imply our affiliation or endorsement of such Third-Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Start It Today has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Start It Today or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determination Start It Today whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Start It Today Platform you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Start It Today Platform at your own risk.

Additionally, Start It Today or third parties may provide hyperlinks on Networks, or any other form of link or redirection of your connection to other sites (“Third Party Sites“). These Third-Party Sites are in no way integrated into the Start It Today Platform and the inclusion of any link on a Network does not imply Start It Today’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Start It Today expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Start It Today Platform. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.

  1. Representations and Warranties

You represent and warrant to Start It Today that: (a) you will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Start It Today Platform including your promotional or other activities on or off the Start It Today Platform that relate to Your Network; (b) you have the right to grant to Start It Today the rights granted herein and you own or have all necessary rights, title and interest in and to Your Code, Your Content and Your Art Assets (as defined below); (c) Your Code, Your Content and Your Art Assets do not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content, Your Art Assets or Your Network contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancel-bots, or other computer programming routines that may potentially damage or interfere with the Start It Today Platform, or intercept or expropriate any system data or personal information from the Start It Today Platform.

  1. Acceptable Use and Conduct

You are solely responsible for your conduct, Your Networks, Your Code, and Your Content on the Start It Today Platform. We want to keep the Start It Today Platform safe and fun for everyone and the use of the Start It Today Platform for unlawful or harmful activities is not allowed. Start It Today “safe and fun,” you specifically agree that:

You will not post, email or make available any Content to Users or use the Start It Today Platform:

  • In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
  • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Start It Today Platform in connection with Your Network;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtain Start It Today financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threaten Start It Today, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
  • in a manner that is harmful to minors in any way;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Start It Today;
  • to impersonate a Start It Today employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Network or the Start It Today Platform without authorization;
  • to interfere or attempt to interfere with the proper working of the Start It Today Platform or prevent others from using the Start It Today Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Start It Today Platform, or that otherwise negatively affects other persons’ ability to use the Start It Today Platform;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Start It Today Platform (including the Network Code or Platform Code) or the content contained therein;
  • to facilitate the unlawful distribution of copyrighted content;
  • in a manner that includes personal or identifying information about another person without that person’s explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Start It Today Platform or to Users; and
  • in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • “Stalk” or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Use any profanity or the description or name of any illegal activity in the name of Your Network or the Network Subdomain (as defined below) for Your Network;
  • Use the name “Start It Today” as any part of the name of Your Network or the Network Subdomain;
  • Post any Content contain Start It Today child pornography to any Network. Start It Today absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any Network Data, to law enforcement, including the National Center for Missing and Exploited Children;
  • Post any Content that Start It Today determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any Content that Start It Today determines constitutes pornography, contains nudity, or is otherwise of a similar adult nature.
  • Use automated means, including spiders, robots, crawlers, data min Start It Today tools, or the like to download data from Networks and the Start It Today Platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
  • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Start It Today’s infrastructure;
  • Attempt to gain unauthorized access to Start It Today’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Start It Today Platform;
  • Use the Start It Today Platform as a generic file hosting service; and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Start It Today Platform.

You agree not to authorize or encourage any third party to use the Start It Today Platform or any of Your Networks (and Your Networks will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Start It Today in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

  1. Start It Today Platform Policies

Start It Today establishes general polices and limits from time to time concern Start It Today use of the Start It Today Platform (“Start It Today Platform Policies“), including, the maximum number of days that Networks and uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages initiated by Network Creators and Administrators), the maximum disk space allotted to you or Your Network(s), the maximum number of times and duration for which you may access the Start It Today Platform or Networks in a given period of time and the maximum storage and bandwidth used by Your Network(s) or Content. For example, the currently applicable maximum bandwidth and storage limitations for Networks are each 200gigs. In the interest of managing potential email spam, Network Creators may generally not initiate more than ten emails per month to any Member. If Start It Today determines Your Network is in violation of any Start It Today Platform Policy, then Start It Today may take action to correct this violation, with or without notice.

  1. Start It Today’s Relationship with Users

You acknowledge that Start It Today may terminate your account and remove your Content and other Network Data, as well as disable your access to any and all Networks and the Start It Today Platform at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to Start It Today contacting you and Your Members in order to maintain compliance with these Terms of Service.

  1. Copyright Infringement/Digital Millennium Copyright Act Compliance

It is Start It Today’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“).  Start It Today may remove any allegedly infringing Network Code or Content without any liability to you.

Start It Today will promptly terminate without notice any User’s access to the Start It Today Platform, including access to any Network, in appropriate circumstances where the User is a “repeat infringer” of copyrights. Start It Today, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User. Additionally, if a Network Creator continues to allow its Members to post Content that is subject to notices of alleged copyright infringement, the Network may (at Start It Today’s sole discretion) be disabled. In the case of such disabling, Start It Today will have no obligation to provide a refund of any amounts previously paid to Start It Today.

Additionally, if you are a Network Creator, you agree to: promptly (and in any event in no more than 24 hours) address (including removing or disabling access to the allegedly infringing content for valid DMCA take down notices) any copyright owner’s written notice (including any notices forwarded to you by Start It Today) that specified Content or Network Code posted on Your Network infringes that third party’s rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. If you receive a counter-notice from the applicable Member that substantially complies with the requirements of the DMCA instructing you to replace the allegedly infringing Content or Network Code, you agree to replace or cease disabling access to the Content or Network Code not less than ten (10) and no more than fourteen (14) days after receiving the counter notice, provided that the complaint Start It Today party has not notified you that it has filed an action against the Member regarding the alleged infringement. You also agree to forward a copy of the counter notice to Start It Today. Start It Today strongly recommends that you consult with a legal professional to confirm your obligations under the DMCA. Start It Today is not providing legal advice to you and nothing in this Agreement is legal advice nor guarantees your compliance with applicable law or regulation. You are solely responsible and liable for complying with all applicable laws, including copyright and privacy laws in connection with Your Network.

  1. Network Data

The Start It Today Platform collects Network Data from Your Network and Members and general information about a User’s use of Your Network. If you are a Network Creator or Administrator, you agree that your access to and use of this Network Data and any related information (including registration information provided by Members during the registration process) as part of the management controls of Your Network(s) is subject to the Start It Today Privacy Policy. In addition, subject to this Agreement, you may collect Network Data from Your Members; if you do so, you agree that such Network Data shall not be used in a manner inconsistent with, or that violates or causes Start It Today to violate, Start It Today’s Privacy Policy.

If you are a Network Creator or an Administrator, you agree that your use and disclosure of Network Data shall: (a) comply with all applicable laws; and (b) be reasonably protective of each Member’s privacy rights.

Subject to this Agreement and each Member’s rights, all Network Data shall be the property of the applicable Network Creator. That being said, Start It Today needs to run Your Network on the Start It Today Platform. To this end, as a Network Creator, you hereby grant Start It Today a nonexclusive, worldwide, transferable, fully paid-up, royalty-free right and license to (i) use, store, access, cache, publicly perform and display the Network Data on or through the Start It Today Platform and in all current and future media in which the Start It Today Platform may be distributed; (ii) use and disclose the Network Data and related analytics and metrics in an aggregate or other non-personally identifiable manner (including, for use in targeting advertising in a non-personally identifiable manner through and in connection with the Start It Today Platform); and (iii) use Network Data for other purposes permitted by the Start It Today Privacy Policy.

You acknowledge that Start It Today may receive requests from Users or persons authorized to act on behalf of such Users to modify or delete personally identifiable information relating to such Users on Your Network. Accordingly, you agree that, within 24 hours of any email request by Start It Today, you will: (a) delete all Network Data and personally identifiable information in your possession or control relating to a particular User as specified by Start It Today; and (b) confirm such deletion in email notice to Start It Today.

Start It Today is not required to keep back-up copies of Network Data on the Start It Today Platform once the Network or Network Data is deleted. Start It Today makes no guarantee that Network Data will be safely stored on the Start It Today Platform. To be safe, you should independently back-up or archive your Network Data.

  1. Your Network

As a Network Creator, we want to give you as much freedom as possible to create and control the Networks you build on the Start It Today Platform. You may have your own agreement(s) or policies between you and each of Your Members, provided that each such agreement or policies do not supersede, amend or otherwise affect in any way any terms of this Agreement, any Guidelines or our Privacy Policy.

To enable a great experience for all Users on the Start It Today Platform, if you are a Network Creator, you agree to ensure each Network you create or manage does not degrade the performance of the Start It Today Platform. If your Network(s) exceed the quotas and limitations set by Start It Today (e.g., storage or bandwidth) or otherwise degrades performance of the Start It Today Platform or other services in any way, we may suspend your Network(s) at our sole discretion and without notice.

You agree not to harvest any email addresses from Networks or the Start It Today Platform for the purpose of sending email in violation of applicable law or otherwise violate the “Acceptable Use and Conduct” provisions of this Agreement.

You also agree not to knowingly collect any information from, or develop any Networks that are targeted at children under the age of 13.

You acknowledge that Start It Today may terminate the account of any Member (including Your Members) in accordance with these Terms of Service.

Your Network shall not be designed or implemented in a way that, as determined by Start It Today, might mislead a User into believing that: (i) he or she is interacting directly with Start It Today when interacting with Your Network or (ii) any part of Your Network was created by or are endorsed by Start It Today. Because we want you to have as much freedom over your Network as possible, Start It Today takes no responsibility for any Content located in Your Network and Start It Today has no obligation to monitor such Content or Your Network.

You acknowledge that Start It Today also reserves the right to remove, preserve, and disclose any information or Content on any Network (including Network Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Start It Today, its Users, and the general public, or (f) investigate or defend ourselves against third party claims or allegations.

You acknowledge that Start It Today may place third party web beacons or cookies in the footer of the pages of Your Network for the sole purpose of tracking anonymous website statistics, including traffic numbers and visitation patterns, about your Network. No personally identifiable information is transmitted by, or linked to, the web beacon or any cookies. These web beacons are commonly used by companies to understand visitation to their websites. For more information regarding passive data collection and what choices are available to you, please see our  Privacy Policy.

As a Network Creator, You are solely responsible for the operation and management of Your Network. In particular, Start It Today currently offers an optional Add On feature known as Paid Access (“Paid Access”), which lets You charge Members a fee for certain items on Your Network (such as paid membership, paid groups, paid content or donations). If you choose to enable Paid Access, You are solely responsible for all matters relating to Paid Access and Your Members, including but not limited to billing and refund questions.

  1. Your Account

You need to register and create an account in order to become a Network Creator on the Start It Today Platform or a Member of a Network. You are responsible for keeping your account credentials and password secure. You agree to provide Start It Today with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on Start It Today current, complete and accurate (such as noting a change in billing address or email). Generally speaking, account credentials are non-transferable, but Network Creators will have the ability to reset Member passwords in the event that a Member loses or can’t remember it. You will be solely responsible and liable for any activity that occurs under your account credentials. Start It Today reserves the right to log off or deactivate Member accounts, including Your Network, that are inactive for an extended period of time.

When you create Your Network, Start It Today gives you the flexibility to choose your own subdomain for Your Network (e.g.,” developer” in the example: https://developer.Start It Today.com) (“Network Subdomain“). Start It Today also gives you the option to use your own domain with certain Start It Today Product Plans (e.g., www.network.com or my.network.com), which is known as domain mapping (“Domain Mapped Networks”). You will be solely responsible and liable for any activity that occurs under Your Network’s Subdomain or on Your Domain Mapped Network. Start It Today maintains ownership of your Network Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Network Subdomain on the Start It Today Platform.

You may not use anyone else’s account or Network Subdomain at any time, without the permission of the account holder. You should never give out your password to another individual or entity. Start It Today will not be liable for any loss that you may incur as a result of someone else using your account credentials, Network Subdomain or password, either with or without your knowledge. However, you may be held liable for losses incurred by Start It Today or another party due to someone else using your account credentials, Network Subdomain, or password. In other words, please be careful with your identity and passwords.

In order to help us deliver the highest value platform and revenue programs to Network Creators, Start It Today needs to account for all of the traffic and usage on the Start It Today Platform. Start It Today may use third Parties services to get a third-party measurement of the worldwide audience and usage across the Start It Today Platform. You agree to assign the traffic relating to your Network to Start It Today (), including authorizing us to sign a Traffic Assignment Letter on your behalf for comScore syndicated audience measurement reports (collectively, a “Traffic Assignment”). As part of your Traffic Assignment, you confirm that you (i) are majority owner of the URL for your Network, (ii) have a legitimate business relationship with Start It Today, (iii) understand that your Network URL will not receive credit for traffic to such URL in the syndicated audience reports for those entities where Start It Today elects to include such URL and (iv) traffic for your Network URL may not be assigned to any other company. Your Network’s traffic will be viewable in the comScore syndicated audience measurement reports and will be included under the Start It Today/ property and media title roll-up.

Should we or comScore require additional documentation to verify ownership of your Network URL, you agree to provide reasonable efforts to accommodate such request. For example, if you are not the named registrant of the Network URL, you must provide documentation demonstrating that the registrant of such URL is owned or employed by a company that you own. You understand that authorization and acceptance of this Traffic Assignment imposes no legal liability whatsoever on Start It Today or comScore for damages, whether actual, incidental or consequential, relating to the maintenance or reporting of the Network URL. You are fully responsible for timely notification to Start It Today and comScore of any updates to the Network URL, including, but not limited to, changes in ownership of such URL. You shall indemnify and hold harmless Start It Today and comScore from and against any claims, liabilities, costs and expenses of any kind (including reasonable attorney’s fees and expenses) arising out of any allegation of improper assignment by you of the URLs pursuant to this Traffic Assignment.

  1. Network Design

If as a Network Creator, you have provided any art assets or other intellectual property to Start It Today to design, or assist you with design Start It Today Your Network (“Your Art Assets”) the following additional provisions will apply to you.

Your Ownership. As between Start It Today and You, you own all right, title and interest, including all intellectual property rights, in and to Your Art Assets and any specific deliverable or work product created by Start It Today for You (“Deliverables”); provided, however, that in no event shall the term Deliverables include any Start It Today Tools. “Start It Today Tools” means any Start It Today Technology or trade secret, process, algorithm, invention, original works of authorship, development, design, improvement, patent, copyright or other intellectual property of Start It Today which Start It Today (a) developed or acquired previous to entering into a Network design engagement with You; (b) acquired after the commencement of a Network design engagement with You and independently of such design engagement or (c) developed either alone or in collaboration with others, separate and apart from any Network design engagement with You, and all derivative works based thereon. Start It Today Tools shall also include any software, project management, design and development processes and productivity tools developed by Start It Today, and of general applicability to Start It Today’s business, whether or not prepared under the course of performance of a Network design engagement with You.

Start It Today Ownership. As between Start It Today and You, Start It Today owns all right, title and interest, including all intellectual property rights, in and to the Start It Today Tools and Start It Today Technology and any derivative works or enhancements thereof. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in the Agreement. Any rights not expressly granted by Start It Today herein are reserved to Start It Today and its suppliers. Start It Today acknowledges and agrees that a design engagement does not grant to Start It Today any right, title or interest in any content, code, software, Member data or other materials delivered to Start It Today by You in connection with a design engagement (“Your Design Materials”), except for the limited rights expressly set forth in these Terms of Service. Any rights not expressly granted herein, are reserved to each of the parties.

License Grant to You. Subject to the terms and conditions hereof, Start It Today hereby grants to You, a non-exclusive, nontransferable, non-sublicensable worldwide, perpetual, royalty-free license, to use that portion of any Start It Today Tools that are incorporated into any Deliverables solely in connection with Your use of Your Network(s) on the Start It Today Platform. You shall not otherwise be entitled to use, license or commercially exploit the Start It Today Tools and any such use may result in the revocation of the license rights herein.

License Grant to Start It Today. During the course of your usage of the Start It Today Platform, you hereby grant to Start It Today a non-exclusive, worldwide, royalty-free, and transferable right and license, to use, access, cache, reproduce, publicly perform and publicly display Your Art Assets for the sole purpose of design Start It Today Your Network and operating and making Your Art Assets available on the Start It Today Platform and in all current and future media in which the Start It Today Platform may now or hereafter be distributed or transmitted.

  1. Domain Name Services

Start It Today provides certain registration and maintenance of domain names for Your Network(s) through one or more preferred domain name registrars (“Domain Name Services”). All sales of Domain Name Services are final. The registration and administration of such domain names is conducted pursuant to general policies established from time to time by the Internet Corporation for Assigned Names and Numbers (“ICANN”). ICANN has delegated the registration and administration of particular TLDs to accredited domain name registrars in accordance with general ICANN policies, as interpreted by each domain name registrar. Accordingly, there may be significant differences among registrars in administration of domain names for particular TLDs.

When purchasing Domain Name Services for Your Network, You are required to enter into a registration agreement with Start It Today’s then-current domain name registrar. The registration agreement and associated terms for Start It Today’s current registrar (which registrar may change from time to time) can be found  (Start It Today Names Terms). You should carefully review each particular registration agreement relating to Domain Name Services. You are solely responsible for compliance with such registration agreement and continued use of Your Network and the Domain Name Services shall constitute Your binding acceptance of such registration agreement.

Start It Today accepts no responsibility for refusal of a domain name registrar to register a particular domain name. You irrevocably waive any rights of any kind whatsoever against Start It Today arising from such refusal. If you fail to timely pay Start It Today for the applicable Domain Name Services, You may permanently lose your domain name. If you choose to end your Domain Name Services or otherwise terminate your Network, You are solely responsible for all future matters relating to the applicable domain, including renewal. Neither Start It Today nor our applicable registrar accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis. ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties and other grounds. You are not entitled to a refund of registration fees on any such cancellation, and neither Start It Today nor our applicable registrar accepts liability for any such cancellation. It is your sole responsibility to review and adhere to the terms and conditions of the registration agreement for each domain name, including any terms and conditions which may lead to cancellation of domain names.

  1. License to Use Content

You hereby grant Start It Today and its affiliates a nonexclusive, worldwide, royalty-free and transferable right and license to use, reproduce, modify, perform, display, prepare derivative works of, or incorporate into other works, transmit and distribute Your Content for any commercial purposes, including advertising, promoting and publicizing such Content on any of Start It Today’s or its affiliates’ owned and operated websites apps or services. If you cancel your account with Start It Today and remove Your Content from Your Network, the foregoing license shall terminate provided such Content is not already in use by Start It Today or its affiliates in accordance with the rights granted hereunder.

  1. Disclaimer of Warranties

YOUR USE OF THE START IT TODAY PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE START IT TODAY PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, START IT TODAY THEMES, THIRD PARTY SOFTWARE, NON-START IT TODAY CODE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE START IT TODAY PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE START IT TODAY PLATFORM, AND ALL NETWORK CODE, PLATFORM CODE, START IT TODAY THEMES, THIRD PARTY SOFTWARE, NON-START IT TODAY CODE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. START IT TODAY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. START IT TODAY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE START IT TODAY PLATFORM, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE START IT TODAY PLATFORM OR ANY NETWORK CODE, PLATFORM CODE, START IT TODAY THEMES, THIRD PARTY SOFTWARE, NON-START IT TODAY CODE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE START IT TODAY PLATFORM OR THE SERVER THAT MAKES THE START IT TODAY PLATFORM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. START IT TODAY MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE START IT TODAY PLATFORM OR YOUR NETWORK (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR NETWORK OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY NON-START IT TODAY CODE WITH ANY START IT TODAY TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE START IT TODAY PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM START IT TODAY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE START IT TODAY PLATFORM (INCLUDING THROUGH CUSTOMER SUPPORT) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  1. Indemnity

You agree to indemnify, defend, and hold harmless Start It Today, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:

  • Your Code, Your Content, Your Network Data, Your Art Assets or Your Network;
  • Your use of any Non-Start It Today Code or Third-Party Applications;
  • Your use or misuse of, or connection to, the Start It Today Platform or any services offered by the Start It Today Platform;
  • Your use or misuse of any services offered by Start It Today;
  • Your breach or alleged breach of this Agreement;
  • Your violation of any rights (including intellectual property rights) of a third party;
  • Your use or misuse of any User data or Network Data, including, in violation of the Start It Today Privacy Policy and
  • Your breach or alleged breach of any agreement or policy between you and other Users.

Start It Today reserves 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. You agree not to settle any matter without the prior written consent of Start It Today. Start It Today will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Your Interactions with Other Users

Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Member or Network Creator), Start It Today is under no obligation to become involved.

You release Start It Today, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “ A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

  1. Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL START IT TODAY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF START IT TODAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE START IT TODAY PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE START IT TODAY PLATFORM (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO START IT TODAY BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN START IT TODAY (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE START IT TODAY PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

  1. Changes to Start It Today Platform

Start It Today reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Start It Today Platform or any part thereof, including adding new features to any portion of the Start It Today Platform, with or without notice. Start It Today will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Start It Today Platform or the Start It Today Platform as a whole.

  1. Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on  www.Start It Today.com or elsewhere on the Start It Today Platform. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Start It Today Platform after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User (including Network Creator or Member) on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to  www.Start It Today.com or elsewhere on the Start It Today Platform. The revised version will apply to you immediately if you are a User who registers or first uses the Start It Today Platform on or after the posting of the revised version.

  1. Term and Termination

Term

This Agreement shall remain in full force and effect unless and until your account is terminated or otherwise deactivated as provided herein. You may terminate or deactivate your account and end your use of the Start It Today Platform at any time and for no reason by contacting us Click Here or at the address set forth below in the “Contacting Start It Today” Section.

Termination

Start It Today has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Start It Today Platform or any Network, (ii) remove and discard any Code or Content within any Network or anywhere on the Start It Today Platform or (iii) shut down a Network, including permanent deletion of any Network Data, with or without notice, and with no liability of any kind to you.

If you terminate or deactivate your account or we terminate your account for your actual or anticipated breach of your obligations under this Agreement, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Effects of Terminating

Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Code, Your Content, Your Network Data or Your Network(s). Start It Today will not have any obligation to assist you in migrating your data, Your Content, Your Network Data, Your Code or Your Network(s) off of the Start It Today Platform and Start It Today does not keep any back-up of any of Your Code, Your Content or Your Network Data.

Survival

The following Sections will survive termination of these Terms of Service for any reason: Sections 1, 3-9, 13—35. For clarity, all the licenses granted by Start It Today hereunder shall terminate upon any expiration or termination of this agreement and Start It Today shall have no obligation to provide you with access to any product or service after the termination of these Terms of Service.

  1. Govern Start It Today Law; Venue

This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

  1. Relationship of the Parties

The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Start It Today has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

  1. United States Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, you agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Start It Today under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtain Start It Today prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Start It Today from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

  1. General

The failure of Start It Today to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You may not delegate your duties under this Agreement or assign this Agreement or your Start It Today accounts, in whole or in part, provided, however, that you may assign this Agreement in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. Start It Today may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties’ permitted assignees, transferees and successors.

This Agreement, which incorporates the Other Start It Today Terms, Start It Today Privacy Policy and the Guidelines, constitutes the entire agreement between you and Start It Today and governs your use of the Start It Today Platform, superseding any prior agreements (whether written or oral) between you and Start It Today regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

The terms “including” and “includes” shall be deemed to be followed by the statement “without limitation” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

Start It Today may provide you with notices, including those regarding changes to this Agreement or any of Start It Today’s terms and conditions, by email, regular mail, or postings on the Start It Today Platform including the Start It Today Blog and Creators Network. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted. Notices not pertain Start It Today to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Start It Today Platform) are deemed given two (2) days following the initial posting.

  1. Contacting Start It Today

You may contact Start It Today in the following ways:

Help Center:

To submit an inquiry, click here.

E-Mail:

termsofservice [at] Start It Today [dot] com .

Postal:

Start It Today

1107 E. Grand Ave.#A, Pomona, Ca. 91766

 


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