doubleTwist - Legal

doubleTwist Terms of Service

Version 2.0. Last updated 5/31/2011

These Terms of Service describe the terms and conditions applicable to your access and use of doubleTwist's websites and the products and services offered through, or in connection with such websites, including, without limitation, on or through the Software (as defined below). These Terms of Service set forth the terms and conditions under which doubleTwist (defined below) provides you access to these websites and related products, software, including, but not limited to the doubleTwist and doubleTwist PRO software products, and the doubleTwist mobile applications (singly and collectively, the “Software”) and services. These Terms of Service do not supersede any end user licenses that may be provided with Software downloaded from the doubleTwist websites or through any mobile download.

Please read these Terms of Service carefully. By using any of the Services (as defined below), or by creating a user account, you signify your irrevocable acceptance of these Terms of Service, as they may be amended by doubleTwist from time to time in its sole discretion.

1. Your relationship with doubleTwist

1.1 Your use of doubleTwist’s products, Software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by doubleTwist under a separate written agreement) is subject to this Terms of Service between you and doubleTwist. “doubleTwist” means the doubleTwist Corporation, a company incorporated under the laws of Cayman Islands, having its registered office at PO Box 309GT, M&C Corporate Services Limited, Ugland House, South Church St, George Town, Grand Cayman, Cayman Islands, and any doubleTwist Corporation subsidiaries or affiliated companies.

By using the Services, you are agreeing to be bound by these Terms of Service.

1.2 Your agreement with doubleTwist may also include further terms that are applicable to individual services. These “Additional Terms” will be accessible for you to read either within, or through your use of, those individual services.

1.3 doubleTwist’s Policy regarding Children: The Services are not directed toward children under 13 years of age nor does doubleTwist knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to doubleTwist.

1.4 doubleTwist may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms of Service or elsewhere on the Services.

1.5 You are responsible for any connection fees that you incur when accessing the Service, including, without limitation, internet connection fees, airtime fees or data usage fees.

2. Accepting the Terms of Service

2.1 In order to use the Services, you must first agree to these Terms of Service. You may not use the Services if you do not accept these Terms of Service. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service.

2.2 You can accept these Terms of Service by:

(A) clicking to accept or agree to these Terms of Service, where this option is made available to you by doubleTwist in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that doubleTwist will treat your use of the Services as acceptance of these Terms of Service from that point onwards.

2.3 You may not use the Services and may not accept these Terms of Service if (a) you are not of legal age to form a binding contract with doubleTwist in the jurisdiction in which you reside, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you reside or from which you use the Services.

3. Language of these Terms of Service

3.1 Where doubleTwist has provided you with a translation of the English language version of these Terms of Service, then you agree that the translation is provided for your convenience only and that the English language version of these Terms of Service will govern your relationship with doubleTwist.

3.2 If there is any contradiction between what the English language version of these Terms of Service says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by doubleTwist

doubleTwist, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Services. You acknowledge and agree that doubleTwist has no obligation to make available to you any subsequent versions of the Software, nor any obligation to continue to support prior versions. You acknowledge and agree that doubleTwist, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Software or the Services, and/or disable any Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, in doubleTwist’s opinion, are considered to be in breach of these Terms of Service (or any other terms, rules, or policies published by doubleTwist), creating problems, causing possible legal liability to doubleTwist or third parties, acting inconsistently with the letter or spirit of these Terms of Service (or any other terms, rules, or policies published by doubleTwist), including our Etiquette Policy which can be found at www.doubletwist.com/etiquette/, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

doubleTwist will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Software and (2) by the suspension or termination of the licenses granted here or of these Terms of Service by doubleTwist and/or by you. You acknowledge and agree that if doubleTwist disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which are contained in your account. You acknowledge and agree that while doubleTwist may not currently have set a fixed upper limit on the number of transmissions you may send through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by doubleTwist at any time, at doubleTwist’s discretion. doubleTwist may also modify the current limits for uploading, downloading and receiving files, or the maximum number of times you may perform searches through the Services, at any time, at doubleTwist’s discretion.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration and account creation process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to doubleTwist will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) these Terms of Service, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by doubleTwist, unless you have been specifically allowed to do so in a separate agreement with doubleTwist.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including, without limitation, (a) instituting, assisting, or becoming involved in any type of attack, including, without limitation, denial of service attacks, upon the Services or otherwise attempt to disrupt the Services or any other person’s use of the Services; (b) attempting to gain unauthorized access to the Services, or the computer systems or networks connected to the Services; or (c) performing any type of action that in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services.

5.5 You agree that you will not (a) obtain or attempt to obtain any information from the Services, including, without limitation, information about other users or other Services data, using any method not expressly permitted by doubleTwist; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Services, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or to distort, delete, damage or disassemble, the Services.

5.6 Unless you have been specifically permitted to do so in a separate agreement with doubleTwist, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.7 You agree that you are solely responsible for (and that doubleTwist has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which doubleTwist may suffer) of any such breach.

6. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to doubleTwist for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify doubleTwist immediately.

7. Privacy and your personal information

7.1 For information about doubleTwist’s data protection practices, please read doubleTwist’s privacy policy. This policy explains how doubleTwist treats your personal information when you use the Services and is incorporated into these Terms of Service by this reference.

7.2 You agree to the collection and use of your data in accordance with doubleTwist’s privacy policies.

8. Content in the Services

8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the Communications Content.

8.2 You may use the Services for your information and personal use as intended through the normal functionality of the Services, and not for any commercial purpose.

8.3 You agree to not engage in the unauthorized use, copying, or distribution of any copyrighted Communications Content, including, without limitation, any use, copying, or distribution of Communications Content obtained through the Services for any commercial purposes.

8.4 You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Communications Content or enforce limitations on use of the Services, and the Communications Content made available by use of the Services.

8.5 You understand that when using the Services, you will be exposed to Communications Content from a variety of sources, and that doubleTwist is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Communications Content. You further understand and acknowledge that, despite the terms of these Terms of Service, you may be exposed to Communications Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against doubleTwist with respect thereto, and agree to indemnify and hold doubleTwist, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

8.6 You acknowledge that doubleTwist has the right to pre-screen Communications Content, but no obligation to do so. doubleTwist and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Communications Content that is available via the Services that violates these Terms of Service or is otherwise objectionable, including but not limited to being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.

8.7 You understand that the Services involve technical processing and transmission and that any Communications Content may be transferred without encryption and thus could be eavesdropped upon or otherwise accessed by unauthorized parties. You acknowledge that the processing and transmission of Communications Content may involve various networks as well as changes that may be needed to conform and adapt to the technical requirements of connecting networks or devices.

8.8 You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to distribute, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, enter into computer memory, and use and practice the Communications Content you upload to the Services for the purpose of transmitting your Communications Content to third parties you designate through your use of the Service. None of the Communications Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of doubleTwist and doubleTwist will not be liable for any use or disclosure of any Communications Content.

9. Proprietary rights

9.1 You acknowledge and agree that doubleTwist (or doubleTwist’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by doubleTwist and that you shall not disclose such information without doubleTwist’s prior written consent.

9.2 doubleTwist and the doubleTwist logo and all related logos and other proprietary trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Services (including, without limitation, as displayed on or through the Software) are the property of doubleTwist. doubleTwists intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages doubleTwist. All rights are expressly reserved. Unless you have agreed otherwise in writing with doubleTwist, nothing in these Terms of Service gives you a right to use any of doubleTwist’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.3 The Services are protected by U.S. and international copyright laws. Except for your use as authorized in these Terms of Service, you may not modify, reproduce or distribute the content, design or layout of the Services, or individual sections of the content, design or layout of the Software or doubleTwist websites without doubleTwist’s express prior written permission. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.4 All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, advertising and other intellectual property contained on or through the Services are the property of the respective third parties, including the respective content owners or advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property.

9.5 doubleTwist grants you a limited, revocable license to access and use the Services for your personal, non-commercial use, subject to all of the terms and conditions of these Terms of Service and not for redistribution of any kind. doubleTwist will make the Software available to you through your use of the Services. The Software is deemed licensed to you by doubleTwist for your personal, non-commercial, use only, and your use of such Software is subject to these Terms of Service and any end user license agreement applicable to such Software. doubleTwist does not transfer, and, as between you and doubleTwist, retains all title to and ownership of the Software and all intellectual property rights in the Software. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the Services, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any way exploit any content, materials or individual elements provided on or through the Services without doubleTwist’s prior written consent, (iii) make any commercial use or any derivative use of any of the Services or any of the content, materials or individual elements provided on or through the Services, (iv) frame or utilize framing techniques to enclose any content, materials or individual elements provided on or through the Services without doubleTwists prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing doubleTwist’s name, trademark, URL or the name of any of the Services without doubleTwist’s prior written consent, or (vi) disassemble, decompile or reverse engineer the Software or any other materials made available on or through the Services or used to provide any of the Services.

10. Software updates

10.1 The Software may automatically download and ask you to install updates from time to time from doubleTwist. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit doubleTwist to deliver these to you) as part of your use of the Services.

11. Termination

11.1 You agree that doubleTwist, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, any of the Services at any time if doubleTwist believes in good faith that you have violated or acted inconsistently with any provision of these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that doubleTwist reasonably determines to be inappropriate or unacceptable.

11.2 Without limiting the generality of the above, doubleTwist may at any time, suspend or terminate your account and/or your access to the Services if:

(A) you have breached any provision of these Terms of Service (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms of Service); or

(B) doubleTwist is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom doubleTwist offered the Services to you has terminated its relationship with doubleTwist or ceased to offer the Services to you; or

(D) doubleTwist is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or

(E) the provision of the Services to you by doubleTwist is, in doubleTwist’s opinion, no longer commercially viable; or

(F) doubleTwist otherwise determines to suspend or terminate the Services in its sole and absolute discretion.

11.3 Nothing in this Section shall affect doubleTwist’s rights regarding the provision of Services under Section 4 of these Terms of Service.

12. EXCLUSION OF WARRANTIES

12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

12.2 IN PARTICULAR, DOUBLETWIST, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; AND

(E) THAT THE SERVICES WILL FUNCTION CORRECTLY ON ANY PARTICULAR TECHNOLOGY, OR NETWORK.

12.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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.

12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOUBLETWIST OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

12.5 DOUBLETWIST FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.6 Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

13. LIMITATION OF LIABILITY

13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOUBLETWIST, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH DOUBLETWIST MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE DOUBLETWIST WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

13.2 WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF DOUBLETWIST OR ANY OF ITS AFILLIATES EXCEED FIFTY U.S. DOLLARS ($50.00).

13.3 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of doubleTwist and its affiliates shall be limited to the fullest extent permitted by law.

14. Indemnity

You agree to defend, indemnify and hold doubleTwist and its licensors and marketing partners, together with their respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorney’s fees and costs) arising out of (i) your access, use or misuse of any of the Services, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the Services including, without limitation, infringement of anyone else’s intellectual property rights, or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information.

15. Copyright Infringement Notification

If you are a copyright owner or agent thereof and believe that content posted on or through the Service by a doubleTwist user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, user ID, and, if available, an electronic mail address at which the complaining party may be contacted.

v. 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.

vi. 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 allegedly infringed.

Our Copyright Agent can be reached by mail at:

DMCA Complaints
Monique Farantzos
doubleTwist
121 2nd St., Suite 500
San Francisco, CA 94105
USA

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

16. Advertisements

16.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

16.2 In consideration for doubleTwist granting you access to and use of the Services, you agree that doubleTwist may place such advertising on the Services.

17. Other content

17.1 The Services may include hyperlinks to other web sites or content or resources. doubleTwist should be considered to have no control over any web sites or resources which are provided by companies or persons other than doubleTwist.

17.2 You acknowledge and agree that doubleTwist is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3 You acknowledge and agree that doubleTwist is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. Changes to these Terms of Service

18.1 doubleTwist may make changes to these Terms of Service or any Additional Terms from time to time. When these changes are made, doubleTwist will make a new copy of these Terms of Service available at www.doubletwist.com/legal/ and any new Additional Terms will be made available to you from within, or through, the affected Services.

18.2 You understand and agree that if you use the Services after the date on which these Terms of Service or any Additional Terms have changed, doubleTwist will treat your use as acceptance of the updated Terms of Service or Additional Terms.

19. General legal terms

19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms of Service do not affect your legal relationship with these other companies or individuals.

19.2 These Terms of Service constitute the whole legal agreement between you and doubleTwist and govern your use of the Services (but excluding any services which doubleTwist may provide to you under a separate written agreement), and completely replace any prior agreements between you and doubleTwist in relation to the Services.

19.3 You agree that doubleTwist may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Services.

19.4 You agree that if doubleTwist does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which doubleTwist has the benefit of under any applicable law), this will not be taken to be a formal waiver of doubleTwist’s rights and that those rights or remedies will still be available to doubleTwist.

19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from these Terms of Service without affecting the rest of these Terms of Service. The remaining provisions of these Terms of Service will continue to be valid and enforceable.

19.6 You acknowledge and agree that each member of the group of companies of which doubleTwist is the parent shall be third party beneficiaries to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms of Service.

19.7 These Terms of Service, and your relationship with doubleTwist under these Terms of Service, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and doubleTwist agree to submit to the exclusive jurisdiction of the courts located within San Francisco, California to resolve any legal matter arising from these Terms of Service. You also agree that, in the event any dispute or claim arises out of or relates to your use of the Services, that you and doubleTwist will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in non-binding mediation services in San Francisco, California with a mutually agreed mediator in an attempt to resolve the dispute. If the parties are unable to resolve the dispute, then they shall be free to pursue such other remedies as may be available under applicable law, subject to these Terms of Service. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them. You further agree not to bring claims on a representative, class member basis, or as a private attorney general. Notwithstanding any of the above, you agree that doubleTwist shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, without having to comply with the foregoing process.

19.8 The Services are operated by doubleTwist in the United States. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

19.9 If You have any questions about these Terms of Service, please contact us by using our web form: http://www.doubletwist.com/contact/. Please note, however, that the only people authorized to represent us regarding these Terms of Service or other legal matters are our Chief Executive Officer and Chief Operating Officer.

Gracenote® End User License Agreement

This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.

You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights. Under no circumstances will Gracenote become liable for any payment to you for any information that you provide. You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.

The Gracenote service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are. For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.

The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time.

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.