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PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THE SERVICES OFFERED BY BATCH LABS, INC., A DELAWARE CORPORATION. Batchr ("Batchr" or "we" or "us") is a web application/mobile application that allows users to upload and share images, comments, tags, messages, metadata, and other data and files ("Content"). By accessing or using the Batchr website or Batchr mobile application (collectively, the "Service" or "Batchr Service"), as either a visitor or registered user, you agree to be bound by the Terms posted at the time of your visit. These Terms affect your legal rights and obligations – if you do not agree to these Terms, do not use the Service.


User Requirements and Responsibilities

  1. You must be at least 13 years old to use the Service.
  2. All users of Batchr must provide basic information about themselves:
    1. You must provide true information about your identity when registering, including name and email address. We may confirm this information upon registration, or at any time thereafter, via a confirmation email requiring a response in order to complete and/or maintain your registration.
    2. You must notify us of any changes.
    3. Falsification of this information may constitute grounds for termination of access to the Batchr Service.
  3. You may not use the Service for any illegal purpose
  4. You may use the Service to threaten, bully, harass, defame, or stalk other Batchr users
  5. You may not use the Service to create or send unwanted messages, emails, or commercial communications ("spam") to others
  6. You may not impersonate other users or entities
  7. You may not post private or confidential information via the Service, including but not limited to: your or any other person's credit card information; social security numbers; personally identifiable health information; private phone numbers; private email addresses.

Acceptable Content

  1. You understand that you are solely responsible for all photographs, graphics, video, messages, tags, or other materials ("Content") uploaded by you to the Service. We do not control the Content posted via the Batchr Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
  2. You may not use the Batchr Service to post:
    1. Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, discriminatory, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
    2. Content that is vulgar, obscene, pornographic, or sexually explicit
    3. Content that is harmful to minors in any way
  3. Batchr may, but is not required to, at our sole discretion, pre-screen Content for compliance with our Terms. We reserve the right, to review, screen, and delete User Content at any time and for any reason.
  4. You understand that by using the Batchr, you may be exposed to Content that is offensive, indecent or objectionable. Batchr will not be held liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result.
  5. We reserve the right to terminate your use of the Service for violation of these Terms.

  1. By uploading Content to the Service, you represent and warrant that:
    1. You created the file or other Content you are uploading, or have sufficient intellectual property rights to upload the material
    2. The posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights
    3. You are solely responsible for payment of any royalties, fees, and any other monies owed by reason of Content you post on or through the Service
    4. You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  2. You retain all ownership rights of all of your content uploaded to Batchr. However, by uploading Content to the Service, you grant Batchr a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or Content. Batchr may manipulate your Content to offer the Batchr Service (including transcoding and/or reformatting Content) to allow its use throughout the Service.
  3. By viewing or downloading Content from the Service, you agree to respect the intellectual property rights of the Content owner; you may not use such file or other Content except for personal, non-commercial purposes, and you may not claim any rights to such file or other Content, except with the explicit written permission of the copyright holder.
  4. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Batchr has provided mechanisms for the reporting of copyright violations (see below). We will work to expeditiously review reported violations, and remove any infringing material from our site. In addition, we reserve the right at our sole discretion to terminate accounts of repeat copyright infringers.

  1. Batchr respects the intellectual property rights of our users. If you are the creator of Content which has been uploaded to Batchr without your permission, please notify our Copyright Agent so that we can address the violation.
  2. Please include the following information when notifying us of a potential violation:
    1. Description of the copyrighted work or works claimed to have been infringed.
    2. Location of the material on our site that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material.
    3. A statement that you have a good faith belief that disputed use of the material is not authorized by you as copyright owner, or by your agent, or by law.
    4. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
    5. Your physical or electronic signature, or of someone authorized to act on your behalf.
    6. Instructions on how we may contact you: email, street address, and phone.
  3. Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at:
    • By mail:
      Copyright Agent
      c/o Batch Labs, Inc.
      9655 Sweet Valley Dr.
      Valley View, OH 44125
    • By phone: 216.901.9366
    • By fax: 216.901.9366
    • By email: legal@batchr.co

Batchr Protections

  1. We use software that we have developed or licensed ("Batchr Software") in order to deliver the Batchr Service. The Service also includes user interface, graphics, and content owned or licensed by Batchr ("Batchr Content"). Batchr Software and Batchr Content is protected by copyright, trademark, patent, trade secret and other laws; Batchr owns and retains all rights to this intellectual property.
  2. You agree not to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Batchr Content and you will not reproduce, display, publish, distribute, transmit, modify, frame, prepare derivative works based on, broadcast, sell, license, or otherwise exploit the Batchr Content.
  3. All of Batchr’s trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Batchr. (the "Batchr Marks"). Without Batchr’s prior written permission, you agree not to display or use in any manner the Batchr Marks.
  4. Batchr does not solicit suggestions, ideas, proposals, designs, or any other information from users or third parties intended to improve or enhance the Service ("Feedback"). If you chose to provide us with unsolicited Feedback, you agree that it will be treated as non-confidential, and will become the sole property of Batchr. At our discretion, we may share or use (or not) unsolicited Feedback in any way, including (but not limited to) developing new Services or features, with no liability or compensation owed to you, without limitation.
  5. Batchr may modify or terminate, temporarily or permanently, the Service or any features or portions thereof for any reason, and without prior notice. You agree that we will not be liable for any damages or loss resulting from such modification, suspension, or termination of the Service or any part thereof.

Security

  1. By creating a Batchr account, you accept all responsibility for activities on your account, including all Content uploaded to the Service. You are responsible for protecting the security and privacy of your user name and password (whether maintained by Batchr or by a third party).
  2. You will not collect or use other member’s login credentials, or attempt to access their account or content without authorization.
  3. You will not engage in any activity that could disrupt, negatively impact, interfere with, or inhibit other users from fully enjoying the Service.
  4. You will not use the Service in a way that could damage, disable, overload, or impair the functioning of the Service in any manner.
  5. You may not upload or transmit any material containing software viruses, worms, spyware, malware, or any other files or code which could interfere with or impact the functionality of the Service, or which could negatively impact users who access that material.
  6. You may not use any automated means, including but not limited to crawling, scraping, caching, robots, or data mining, to extract files or data from the Service.

Disclaimer of Warranties

  1. THE BATCHR SERVICE, INCLUDING, WITHOUT LIMITATION, BATCHR OR USER-SUPPLIED CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.
  2. BATCHR DISCLAIMS TO THE FULLEST EXTENT AUTHORIZED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
  3. WITHOUT LIMITATION OF THE FOREGOING, BATCHR EXPRESSLY DOES NOT WARRANT THAT:
    1. THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
    2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR SECURE
    3. THE SERVICE OR THE CONTENT WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS;
    4. ANY RESULTS, OUTPUT, OR DATA PROVIDED THROUGH OR GENERATED BY THE SOFTWARE WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR USEFUL
    5. ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BATCHR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. BATCHR DOES NOT PRE-SCREEN OR ENDORSE USER-SUPPLIED CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
  5. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

Indemnification

  1. YOU AGREE TO INDEMNIFY AND HOLD BATCHR AND ALL OF ITS PERSONNEL HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE BATCHR SERVICE, INCLUDING BUT NOT LIMITED TO:
    1. CONTENT YOU PROVIDE OR UPLOAD TO OUR SERVICE, INCLUDING BUT NOT LIMITED TO FILES, COMMENTS, OR META-DATA;
    2. YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHT, PRIVACY, OR CONFIDENTIALITY;
    3. YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUSES, ORDINANCES OR ORDERS OF ANY GOVERNMENTAL AND QUASI-GOVERNMENTAL AUTHORITIES, INCLUDING BUT NOT LIMITED TO, ALL REGULATORY, ADMINISTRATIVE AND LEGISLATIVE AUTHORITIES; AND/OR
    4. ANY MISREPRESENTATION MADE BY YOU TO BATCHR, TO OTHER USERS, OR TO ANY OTHER THIRD PARTY

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, BATCHR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BATCHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF BATCHR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO BATCHR FOR USE OF THE SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) US $100.00.


Dispute Resolution

These Terms are governed by, and interpreted in keeping with, the laws of the State of Ohio, regardless of any conflict of law provisions. You and Batchr agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio as regards to the interpretation and enforcement of this Agreement. YOU AND BATCHER HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. DISPUTES BETWEEN YOU AND BATCHR WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.