Latest Revisions: June 27, 2012

PLEASE READ THE TERMS OF USE (“TOU”) BELOW.

These Terms of Use state the terms and conditions under which CAGEAPP, LLC (“Cageapp” “our” or “us”) provides you (“you,” or “your”) access to the Cageapp.com sites, together with any sub-domains and affiliated sites (the “Sites”).

BY ACCESSING, BROWSING, OR USING THE SITES AND SERVICES, YOU ARE ACCEPTING THE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, AS A BINDING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, DO NOT ACCESS, BROWSE OR USE THE SITES AND SERVICES. YOU MUST COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS WHEN USING THE SITES, SERVICES, AND ACCOMPANYING INFORMATION.

Services

Cageapp.com provides users with access to an environment in which developers, designers, programmers and anyone with collaborative interests may exchange ideas, concepts, and designs through a web interface (the “Services”). Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the current services are also subject to the TOU.

Changes to Terms of Use

Cageapp may modify this TOU at any time. Any modifications to the TOU will be effective ten days from the date upon which they are posted on the Sites. Cageapp will take steps to notify its users when it revises the TOU. You, however, are responsible for reviewing any modified terms. Your continued usage of the Sites following any changes constitutes your acceptance of those changes. For your convenience and future reference, the date of the TOU is listed above so that you can compare any different versions of the TOU to determine any changes made to the TOU.

Access

You must be 18 years or older to use the Site and Service. In order to access the Service, you must provide Cageapp with certain user account information.

You represent and warrant that the information you provide to Cageapp is true and accurate. Cageapp has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Cageapp passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of password; (2) authorize, monitor, and control access to your Cageapp password and account; and (3) promptly inform Cageapp of any need to deactivate a password. Your right to use the Sites and Services is nontransferable and any password given to you is nontransferable. You grant Cageapp and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Sites.

Cageapp cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Cageapp tools and services. Cageapp is not responsible for any damage or losses caused by unauthorized use of your account. You, however, may be responsible to Cageapp for any harm Cageapp incurs due to unauthorized use of your Cageapp account.

License Grant

Cageapp grants you a personal, non-exclusive, non-transferable, revocable permission to use the Services and Sites. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner provided by the TOU. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services or Site, in whole or in part.

Your license to use the Services and Site does not grant you the right to re-use content or materials from the Site. Content and materials posted to the Site may be the copyrighted content of other users and you must obtain permission from the owners of any materials before copying, distributing or otherwise using posted materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services or Sites. You may not access the Services by any means other than through the interface that is provided by Cageapp. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of “spiders”, “robots” or otherwise), nor may you use the Services in any manner that could interfere with any other party’s use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the database’s underlying Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use, sell or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.

The Site and Services remain at all times the sole property of CageApp, LLC, and their use is subject to all copyright and trademark notices. Cageapp retains all rights to use the services not expressly granted to you by Cageapp under the TOU.

Payments

Although some Services require no type of payment, some of the Services do require a fee. For fee-based Services, you are responsible for providing a valid credit card number or other payment information Cageapp accepts. You also represent and warrant that you are an authorized user of such credit card or account, and you agree to pay all applicable charges. You agree that Cageapp may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. Credit cards or other payment services will be billed according to whatever payment plan you select at the time of registration. Services are billed on a monthly basis and amounts paid are non-refundable. Cageapp does not provide refunds or credits for partial months of service. All fees listed are exclusive of any taxes, levies, duties or tariffs that applicable taxing authorities may impose. You are responsible for payment of any applicable taxes, levies, duties, tariffs or other similar fees.

Cageapp uses a third party billing service to process payments Cageapp does not obtain or retain user credit card numbers. By providing Cageapp with credit card information for the creation of an account, you agree to the applicable terms and conditions for the third party service Cageapp utilizes for managing payment.

Termination and Account Modifications

Termination by Cageapp

Cageapp may terminate your account and access to your account immediately and at any time upon breach by you of the terms of this Agreement or upon a reasonable belief by Cageapp of a breach by you. Cageapp may also terminate accounts for any reason by providing at least thirty (30) days notice via e-mail to e-mail accounts associated with your account or by posting notices on its website of the intent to terminate any account or accounts.

Termination by You

You may terminate your account with Cageapp at any time by either selecting account termination within the user account settings of your account or contacting Cageapp in writing to request account termination. If terminated at least three (3) business days before the next billing cycle for your account, Cageapp will not bill your account for the subsequent billing cycle. You will not, however, receive a refund for any fees already paid to Cageapp upon termination of your account.

Account Modifications

During the term of this Agreement, you may decide to update or modify the services provided to you. Changes in services may result in a change in fees charged. If you request an upgrade to your account, you will be billed on a pro-rata basis for any additional amounts owed for the upgraded services. No refunds will be issued for a downgrade in user services. Any downgrade in services may result in an immediate loss of access to content or services associated with the services that are removed during any downgrade.

Privacy Policy

Cageapp protects your personally identifiable data as set forth in Cageapp’s privacy policy (the “Privacy Policy”). The Privacy Policy explains our collection and use of personally identifiable information. You should review our Privacy Policy before you use the Services as they are part of the TOU.

Posting

The Sites or Services may permit you to post, submit, transmit, email, or otherwise make available questions, comments, or information (collectively, “Postings”). You may only submit Postings that you create or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known and to sublicense such rights through multiple tiers of sublicenses as may be required to provide the Cageapp Services to you and others collaborating on projects in which you participate.

You shall not upload, post, submit, email, transmit, or otherwise make available any Postings that: (i) contain falsehoods or misrepresentations that could damage Cageapp or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting; (vii) contain materials with protected copyright, trademark patent or other intellectual property rights unless you are the owner of such material or have license from the owner of any such proprietary rights to provide the materials; or (viii) you do not have a right to make available under any law or under contractual or fiduciary relationships. Additionally, you may not submit any Postings that violate the TOU. All liabilities resulting from postings remain with its creator and not Cageapp.

You acknowledge that Cageapp is not obligated to pre-screen content submitted by members, but that Cageapp shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via Cageapp by any user that violates the TOU or is otherwise objectionable.

Cageapp respects the intellectual property of others and asks you to do the same. Cageapp may, in appropriate circumstances and at its sole discretion, terminate your right to use the Sites or any of the Services for any reason, including, but not limited to, if you are a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please contact us by clicking on “Contact Us” and sending us an e-mail. In order to have content that you believe infringes your copyright interests removed, you must provide the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the work claimed to have been infringed. If multiple works are at issue, include a representative list of the works on the Sites;
  • identification of the material that is claimed to be infringing and that is to be removed; contact information of the party submitting the complaint;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is infringed.

Modification to Services

Cageapp reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Cageapp shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

Advertisers or Third Party Vendors

Cageapp may include advertisements on the Sites or Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. You agree that Cageapp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party vendors or advertisers, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Cageapp.

Links

The Sites or Services may provide, or third parties may provide, links to other websites. These links are provided solely as a convenience to you and not as an endorsement by Cageapp of the contents on such third-party sites and Cageapp hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. Because Cageapp has no control over such sites, you acknowledge and agree that Cageapp is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You should not attribute any views or information on such sites to Cageapp. You further acknowledge and agree that Cageapp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Cageapp. You should follow the link to the terms of use on the appropriate page for such sites to determine which company’s terms of use governs such sites.

Anyone linking to the Sites or Services must comply with the following guidelines and all applicable laws: (i) a site that links to any Service may link to but not replicate any Service’s content; (ii) should not create a browser, frame or border environment around any Service’s content; (iii) should not imply that Cageapp is endorsing it or its products; (iv) should not misrepresent its relationship with Cageapp or any Service; (v) should not present false or misleading information about Cageapp or any Service; (vi) should not use any Cageapp trademarks, trade names, or logos without permission from Cageapp; and (vii) should not contain content that is reasonably considered profanity, defamatory, vulgar, offensive, otherwise unlawful, or should not violate any state or federal laws, codes or regulations.

DISCLAIMER

WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICES. ADDITIONALLY, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. CAGEAPP AND ALL RELATED THIRD PARTIES, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CAGEAPP, ALL RELATED THIRD PARTIES AND SUPPLIERS, MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PROVISION OF THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. NEITHER WE, NOR THIRD PARTIES OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICES. THE SERVICES MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SERVICES.

THE ENTIRE RISK FOR USE OF THE SERVICES IS BORNE BY YOU.

Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you. In this case, the duration of any implied warranty is limited to the minimum period permissible under the applicable law.

LIMITATION OF LIABILITY

NONE OF THE THIRD PARTIES, OWNERS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH THE SERVICES IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED TO OR FROM THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAGEAPP, OR THIRD PARTIES AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER CAGEAPP NOR THIRD PARTIES OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH THE SITES OR SERVICES. UNDER NO CIRCUMSTANCES WILL CAGEAPP’S OR ANY THIRD PARTIES’ DIRECT LIABILITY ARISING OUT OF USE OF THE SITES OR SERVICES EXCEED THE GREATER OF (i) THE AMOUNT YOU HAVE PAID CAGEAPP FOR SUCH USE DURING THE SIX MONTH PERIOD PRECEDING A COMPLAINT OR (ii) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Cageapp, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from: (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Services; (ii) your use of or reliance on the Sites or Services; (iii) your connection to the Sites or Services; (iv) your violation of the TOU; or (v) your violation of any rights of another party; or (vi) any other damage caused by your use of the Sites or Services.

Trademarks

Cageapp, Cageapp.com and other service names, trademarks and logos are trademarks of Cageapp or its third parties. Without our prior written permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of Cageapp. The trademarks, logos, and service marks not owned by Cageapp and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by Cageapp to use such marks, whether by implication, estoppel, or otherwise.

Proprietary Rights

All content, organization, graphics, design, compilation and other matters related to or included on the Sites are protected under applicable copyrights, trademarks, or other proprietary (including but not limited to intellectual property) rights and owned by Cageapp. This provision does not apply to any Postings.

Choice of Law and Venue

The TOU and the relationship between you and Cageapp shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and Cageapp agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Oklahoma City, Oklahoma.

Severability

If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.

Headings

The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.

Locations outside U.S.

If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Sites or Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.

Entire Agreement

The TOU, together with the incorporated Terms of Service constitute the entire agreement between you and Cageapp and govern your use of the Services, superseding any prior agreements between you and Cageapp. Please note, however, that some Services may have additional or different terms related specifically to such Service only (“Service Terms”). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.

Questions?

Sometimes no one understands what this legal mumbo jumbo means. But know that your privacy and how our product is used is super important to us. If you have any questions, feel free to contact us.

Contact Us