Terms of Service - Meerkat

Terms of Service

Last Changes to Terms of Service: July 30, 2019

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. The terms and conditions provided in this document are applicable to all services provided by Meerkat.

We reserve the right to modify or amend the terms of our Terms and Conditions from time to time without notice. If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments for your agreement.

Definitions

1 - “We”, “us”, and “our” refer to Meerkat Vision Ltda.
2 - "Services" includes our Website, all the smartphone apps, the APIs and their web interfaces provided both in cloud and on premise, the SDKs with their demo software, our documentation, and any other software, product or interactive features and communications provided by Meerkat Vision Ltda.
3 - "Personal Data" means any information relating to an identified or identifiable natural person. This definition includes images that you might upload to any of our services.
4 - "Content" consists (but not limited to) of text, graphics, photographs, images, videos, sound, illustrations, and design of our Services.

THESE TERMS OF SERVICE DEFINE THE LEGAL BINDING TERMS AND CONDITIONS THAT DICTATES YOUR USE OF OUR SERVICES. BY USING OUR API DEMOS, SMARTPHONE APPS AND/OR USING OUR WEBSITE OR ANY SERVICES PROVIDED BY MEERKAT, YOU ("USER" OR "YOU") IS ACCEPTING THE PRACTICES AND LIMITATIONS DESCRIBED IN THESE TERMS OF SERVICE, BOTH ON YOUR BEHALF AND/OR ON THE ENTITY THAT YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES PROVIDED BY MEERKAT. WE RESERVE THE RIGHT TO MODIFY AND/OR AMEND THESE TERMS OF SERVICE WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF SERVICE WILL MEAN THAT YOU ACCEPT THOSE CHANGES. UNLESS A SPECIFIC NOTICE IS PROVIDED, NO CHANGE TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. YOU MAY NOT ACCESS OR USE ANY OF OUR SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. SOME SERVICES MAY HAVE ADDITIONAL TERMS AND/OR AGREEMENTS REQUIRED ON SUBSCRIPTION.

THE USE AND COLLECTION OF THE DATA PROVIDED BY THE USER TO ANY OF OUR SERVICES IS RULED BY OUR PRIVACY POLICY.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

Meerkat grants you a limited, revocable, non-exclusive and non-transferable license to access and use the Website, Services or any of our Content. This license does not include the following: resale or commercial use of the Website, Services or Content, use of data mining and/or reverse engineering, use of our trademark without express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or the Services; or (iii) bypass the authentication and/or limitations of our Services and Website.

We also do not permit the usage of any of our Services on the following cases:
1 - To aid in the development of any type of weaponry;
2 - To create, promote or send any kind of unlawful, threatening, defamatory material, as well as any kind of hate speech;

The non-compliance with any of those requirements automatically terminates the permissions and/or any licenses granted by Meerkat to you.

All of the Content present our Website and in the Services is owned by Meerkat. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publish, adapt, edit or create derivative works from any Meerkat Content. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and our Services. The Website, the Services, its Content, and all related rights shall remain the exclusive property of Meerkat or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website or the Services.

You may need to create an account to access certain Services and parts of the Website. On this account, you must provide a true, accurate, current and complete information about yourself and your business. If you provide any information that is untrue, inaccurate or incomplete, or Meerkat has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, Meerkat has the right to suspend or terminate your account and refuse any future use of the Website or any of the Services. You are entirely responsible for the security and confidentiality of your password and user. You agree to contact us on any breach of security related to your account that you are aware of.

Regarding your privacy, Meerkat takes it very seriously. We do not sell or repass any user data (name, company, billing, account, images, videos, etc.) to any company. We retain the right to provide the user data under certain circumstances such as in response to legal responsibility. For more information, please consult our Privacy Policy.

The Website may contain links to third party websites, apps or services in general. They are provided as a convenience to you, and they are not owned, operated or controlled by Meerkat or its affiliates. Therefore neither Meerkat or its affiliates are responsible for any content, material or information from those third-party websites or services. Those third-party websites or services may have its own User Privacy and Terms of Service, and when accessing and using those services you are bound to their terms of service.

For all charges or deposits for any Service sold by Meerkat or its vendors or agents will bill your bank card or alternative payment agreed upon you and Meerkat. You agree that all the billing information provided for the payment process is correct and that you are the authorized user of the bank card that is used on the payment process.

We have third party agents, subsidiaries and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics (such as Google Analytics), customer service, fraud protection, etc. These entities have access to the Personal Information needed to perform their functions (textual data) and are contractually obligated to maintain the confidentiality and security of that Personal Information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Website. None of this shared information to third-party companies include image content uploaded by you using our Services and/or website

In the event legal action is necessary to collect on balances due, you agree to reimburse Meerkat and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Website or Services.

You agree that you will not use any kind of automated method such as, but not limited to crawlers, spiders and scrapers, to access and/or extract any kind of information or Content on our Website and our Services.

YOUR USE OF OUR WEBSITE AND OUR SERVICES ARE OF YOUR OWN RISK. MEERKAT WILL NOT BE HELD ACCOUNTABLE FOR ANY DAMAGE OCCURRED ON YOUR SYSTEM EITHER DUE TO SOFTWARE MALFUNCTION, UNFITNESS FOR A PARTICULAR PURPOSE, A SECURITY PROBLEM, VIRUSES THAT MAY INFECT YOUR COMPUTER OR ANY OTHER FORM OF PROBLEM ARISEN BY TOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR USING OUR SERVICES. MEERKAT AND ITS ASSOCIATES ALSO MAKE NO GUARANTEES THAT OUR SERVICES WILL BE ALWAYS AVAILABLE, AND WILL NOT BE ACCOUNTABLE FOR ANY LOSSES THAT YOU MAY HAVE ON THOS INTERRUPTIONS. IN NO EVENT WILL MEERKAT OR ANY OF ITS DIRECTORS, SHAREHOLDERS OR AFFILIATES WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTED FROM ANY LOSS OR CORRUPTION OF DATA ON OUR DATABASE. ALL THE INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY MEERKAT MAY BE INCOMPLETE OR BE OUT OF DATE, AND NEITHER MEERKAT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.

NEITHER YOU OR MEERKAT SHALL BE RESPONSIBLE FOR LOSSES, DAMAGES, DELAYS OR FAILURES RESULTING FROM OCCURRENCES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: DAMAGES BY FIRE, EXPLOSION, POWER SURGE, EARTHQUAKES, OR ANY KIND OF EXTREME CAUSES.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MEERKAT AND ANY AFFILIATED ASSOCIATES AND COMPANIES FROM ANY AND ALL LIABILITY, COSTS AND EXPENSES THAT MAY ARISE DUE TO YOUR CONNECTION WITH MEERKAT, EITHER BY THE USE OF THE WEBSITE OR ITS SERVICES, CAUSED BY ANY OF THE FOLLOWING: (i) VIOLATION OF THIS TERMS OF SERVICE; (ii) YOUR VIOLATION OF ANY LAW OR REGULATION OF BRAZIL OR ANY OTHER COUNTRY THAT YOU ARE ACTING; (iii) VIOLATION OF ANY THIRD PARTY RIGHT;

If you still have any doubts or comments regarding this Terms of Service, please contact us through [email protected] All images, graphics, videos, design, and software are Copyright © 2019, Meerkat, Inc. or its licensors. ALL RIGHTS RESERVED

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