Profound.js Spaces Terms of Service

These Terms of Service (the “Terms of Service”) are a contract between you, the user, and Profound Logic, a corporation with its principal place of business at 4 Executive Circle, Suite 100, Irvine, CA 92614. Profound Logic is the sole owner of the Profound.js Spaces product (“Profound.js Spaces”). Profound Logic operates profoundjs.com. (the “Profound.js Spaces Site”), the development IDE, and the Spaces creation service therein. By using the Profound.js Spaces Site and any services accessible from the Profound.js Spaces Site, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Profound.js Spaces Site or any services or products offered on the Profound.js Spaces Site or on any other platform, including mobile applications, offered by Profound.js Spaces (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. Profound.js Spaces reserves the right to refuse service to anyone for any reason at any time.

In other words: By creating a Profound.js Spaces account and using the community site and IDE, you are agreeing to follow the terms as outlined on this page.

1. Copyright Notice

1.1 Copyright (c) 2019-2020 Profound Logic

1.2 Subject to the express provisions of this disclaimer:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

1.3 All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of Profound.js Spaces and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Profound.js Spaces name or any of the Profound.js Spaces trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Profound.js Spaces or its third-party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.

In other words: “Profound.js Spaces” as a product is owned by us.

2. Terms of Service

2.1 In order to create an account on the Profound.js Spaces Site (the “Account”), you must (i) agree to these Terms of Service, and (ii) provide any other information required by Profound.js Spaces during the registration process. You will update this information to maintain its accuracy during the time you are using the Service. You are responsible for maintaining the security of your account and password. Profound.js Spaces cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content, code, features, comments, graphics or text that you may post on the Profound.js Spaces Site (the “Content”) and activity that occurs under your Account (even when Content is posted by others who have access to your Account). Any information submitted by you shall be subject to Profound.js Spaces’ Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.

In other words: You are responsible for your account and all Spaces that you create using Profound.js Spaces.

2.2 Profound.js Spaces grants you a non-transferable, non-exclusive, worldwide right to access and use the Profound.js Spaces Site subject to these Terms of Service. The Terms of Service shall not be construed to grant you any right to transfer or assign rights to access or use the Profound.js Spaces Site. All rights not expressly granted to you are reserved by Profound.js Spaces and its licensors. You shall not (i) modify or make derivative works based upon the Profound.js Spaces Site; (ii) reverse engineer or access the Profound.js Spaces Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Profound.js Spaces Site, or (c) copy any features, functions or graphics of the Profound.js Spaces Site. You further acknowledge and agree that, as between the parties, Profound.js Spaces owns all right, title, and interest in and to the Profound.js Spaces Site, including all intellectual property rights therein.

In other words: You promise not to create a copy of Profound.js Spaces itself.

2.3 By submitting, posting or displaying Content on the Profound.js Spaces Site, you grant Profound.js Spaces and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, fork, adapt, modify, publish, deploy, and distribute such Content in any and all media or distribution methods (now known or later developed). Spaces created in Profound.js Spaces are Open Source unless saved as a private Space. If that Space has never been public on Profound.js Spaces or anywhere else, the code in that particular Space is unlicensed.

In other words: Profound.js Spaces users have access to copy your Spaces code unless you specify that the Space is private.

2.4 Content available on Profound.js Spaces may be made available on other services, with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. Profound.js Spaces and Profound.js Spaces users may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

In other words: Profound.js Spaces and Profound.js Spaces users can fork and modify your Spaces without paying you.

2.5 By uploading Content to the Profound.js Spaces Site and IDE, you represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Profound.js Spaces reserves the right in its discretion to remove any Content from the Profound.js Spaces Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law. You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third-party partners.

In other words: You cannot put any content on Profound.js Spaces that is unlawful, infringes on a copyright or intellectual property, or that is offensive to other users. Profound.js Spaces will remove such content.

3. User Responsibilities

3.1 As a condition of your use of the Services, you agree to (a) provide Profound.js Spaces with true, accurate, current and complete information as prompted by the Profound.js Spaces registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. As a condition of your use of the Services, you agree to (a) provide Profound.js Spaces with true, accurate, current and complete information as prompted by the Profound.js Spaces registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

In other words: Do not lie on any forms provided by Profound.js Spaces.

3.2 The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and Profound.js Spaces. Profound.js Spaces relies upon parents or guardians 18 years of age or older to determine if the Profound.js Spaces Site and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. We do not seek or knowingly collect any personal information about children under 13 years of age. 

In other words: Anyone who uses our services and doesn’t qualify as a user will not be covered by our license terms. You must be a legal adult or have an adult guardian to use Profound.js Spaces.

3.3 In the event that there is unauthorized use of your password or account, You shall: (i) notify Profound.js Spaces immediately about any known or suspected breach of security; and (ii) report to Profound.js Spaces immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

In other words: If your account is hacked, it’s your responsibility to contact us and let us know.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Profound.js Spaces Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Profound.js Spaces Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Profound.js Spaces Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

In other words: You are responsible for electricity, hardware, Internet, etc., needed to use Profound.js Spaces.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Profound.js Spaces be 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 of the use of any Content made available via the Services or broadcast elsewhere.

In other words: We don’t review everything that’s on Profound.js Spaces, and you are responsible for your behavior while using the service.

4. Confidential Information

4.1 “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is Profound.js Spaces Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

4.2 Each party will only use Confidential Information to fulfill its obligations hereunder; (a) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this section and (b) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care.

4.3 Confidential Information does not include information that is: (a) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (b) rightfully learned by recipient from entities not bound to keep such information confidential, (c) independently developed by recipient; or (d) approved for unrestricted disclosure by the disclosing party.

In other words: We will make sure that your confidential information remains safe, and you are responsible for not sharing confidential information in Profound.js Spaces.

5. Warrantee Disclaimer

5.1 THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE PROFOUND.JS SPACES SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. PROFOUND.JS SPACES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROFOUND.JS SPACES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. PROFOUND.JS SPACES DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE PROFOUND.JS SPACES SITE WILL BE CORRECTED. PROFOUND.JS SPACES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. PROFOUND.JS SPACES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROFOUND.JS SPACES SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PROFOUND.JS SPACES SITE.

5.2 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE PROFOUND.JS SPACES SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

5.3 Technical support is provided via the online user forum. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

5.4 SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

In other words: We cannot guarantee that there will not be incidents of downtime or the need to correct bugs in the software. By using Profound.js Spaces, you accept these possibilities and use the Service at your own discretion.

6. Limitation of Liability

6.1 UNDER NO CIRCUMSTANCES SHALL PROFOUND.JS SPACES OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR PROFOUND.JS SPACES SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROFOUND.JS SPACES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR PROFOUND.JS SPACES SITE, FROM INABILITY TO USE THE SERVICES OR PROFOUND.JS SPACES SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR PROFOUND.JS SPACES SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

6.2 THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR PROFOUND.JS SPACES SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PROFOUND.JS SPACES SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

6.3 SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

6.4 Without limiting the foregoing, under no circumstances shall Profound.js Spaces or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In other words: We aren’t responsible if Profound.js Spaces is being misused, or if you experience system issues (i.e. downtime) by using the Service. We are not responsible for performance issues in the event of circumstances out of our control.

7. Indemnification

7.1 You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Profound.js Spaces and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into Profound.js Spaces including infringement of intellectual property laws or civil or criminal claims. Profound.js Spaces shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. 

In other words: You and you alone are responsible for the content you create, import, fork, and deploy from Profound.js Spaces. If this content breaks the law in any way, you’ll be the responsible party.

7.2 These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws, provisions, or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Profound.js Spaces.

7.3 Questions about the Terms of Service should be addressed by mail at:

Profound.js Spaces c/o Profound Logic

4 Executive Circle, Suite 100

Irvine, CA 92614

United States