Terms of Service

The Gist

We (the well meaning folks at YARN CORPORATION) run web applications, services and mobile apps (including but not limited to TRIXEL.io) (collectively referred to as the "Applications") and we would love for you to use them. These Applications are designed to be a publishing platform and social community. We would like to give you as much freedom of expression, control and ownership of the content you create as possible. However, you are responsible for what you create. In particular, make sure that none of the prohibited items listed below appear in the content that you create and in the content that is linked to or from your content (things like copyright infringement, defamation, spam, viruses, or hate speech are expressly prohibited).

If you find content on our Applications that you believe violates our terms of service, please email a link to info@yrn.io.

Terms of Service

The following terms and conditions govern all use of the Applications and all content, services and products available at or through our websites or associated mobile applications. These Applications are owned and operated by the YARN CORPORATION. Our Applications are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by YARN CORPORATION (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Applications. By accessing or using any part of the trixel.io website or associated Applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Applications or use any of the associated services. If these terms and conditions are considered an offer by YARN CORPORATION, acceptance is expressly limited to these terms.

These Applications are available only to individuals who are at least 13 years old unless we've received express parental consent.

Your Yarn Account

If you create an account on our Applications, you are responsible for maintaining its security, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the content you create. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and YARN CORPORATION may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause YARN CORPORATION liability. You must immediately notify YARN CORPORATION of any unauthorized uses of your content, your account, or any other breaches of security. YARN CORPORATION will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you create content on our Applications (including, but not limited to posting graphics, writing code, adding comments, and posted links) or otherwise make (or allow any third party to make) material available by means of the Applications (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.

If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.

You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party, and is in no other way illegal.

The content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.

Your Content or Account is not named in a manner that misleads your readers into thinking that you are another real person, company or copy- or trademark-protected name to which you do not have the right to use. For example, your Account Name is not the name of a real person other than yourself or company other than your own or a company you legally represent, and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by YARN CORPORATION or otherwise.

By submitting Content to our Applications, you grant YARN CORPORATION a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, YARN CORPORATION will use reasonable efforts to remove it from our Applications, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, YARN CORPORATION has the right (though not the obligation) to, in YARN CORPORATION’s sole discretion (i) refuse or remove any Content that, in YARN CORPORATION’s reasonable opinion, violates any YARN CORPORATION policy or is in any way harmful or objectionable, or (ii) terminate or deny access to our Applications to any individual or entity for any reason, in YARN CORPORATION’s sole discretion. YARN CORPORATION will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

YARN CORPORATION has not reviewed, and cannot review, all of the material, including computer software, posted to our Applications, and cannot therefore be responsible for that material’s content, use or effects. By operating these Applications, YARN CORPORATION does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. These Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. These Applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. YARN CORPORATION disclaims any responsibility for any harm resulting from the use of these Applications, or from any access by those users of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites, services and other applictions to which our Applications link, and that link to our Applications. YARN CORPORATION does not have any control over those third-party websites and applications, and is not responsible for their content or their use. By linking to a third-party website or application, YARN CORPORATION does not represent or imply that it endorses such website or application. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. YARN CORPORATION disclaims any responsibility for any harm resulting from your use of third-party websites and applications.

Copyright Infringement and DMCA Policy

As YARN CORPORATION asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Applications violates your copyright, you are encouraged to notify YARN CORPORATION in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. YARN CORPORATION will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. YARN CORPORATION will terminate a visitor’s access to and use of our Applications if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of YARN CORPORATION or others. In the case of such termination, YARN CORPORATION will have no obligation to provide a refund of any amounts previously paid to YARN CORPORATION.

Intellectual Property

This Agreement does not transfer from YARN CORPORATION to you any YARN CORPORATION or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with YARN CORPORATION. YARN CORPORATION, TRIXEL.io, the TRIXEL logo, and all other trademarks, service marks, graphics and logos used in connection with YARN CORPORATION or TRIXEL are trademarks or registered trademarks of YARN CORPORATION or YARN CORPORATION licensors. Other trademarks, service marks, graphics and logos used in connection with TRIXEL may be the trademarks of other third parties. Your use of our Applications grant you no right or license to reproduce or otherwise use any YARN CORPORATION or third-party trademarks.

Advertisements

YARN CORPORATION reserves the right to display advertisements on or near the content you create.

Attribution

YARN CORPORATION reserves the right to display attribution links such as the TRIXEL logo or ‘Create something like this,’ on or near content that you create with our Applications.

Changes

YARN CORPORATION reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to these Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. YARN CORPORATION may also, in the future, offer new services and/or features through our Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

YARN CORPORATION may terminate your access to all or any part of our Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Yarn account (if you have one), you may simply discontinue using our Applications. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

These Applications are provided “as is”. YARN CORPORATION and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither YARN CORPORATION nor its suppliers and licensors, makes any warranty that these Applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Applications at your own discretion and risk.

Limitation of Liability

In no event will YARN CORPORATION, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to YARN CORPORATION under this agreement during the twelve (12) month period prior to the cause of action. YARN CORPORATION shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Applications will be in strict accordance with the YARN CORPORATION Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of these Applications will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless YARN CORPORATION, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Applications, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between YARN CORPORATION and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of YARN CORPORATION, or by the posting by YARN CORPORATION of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Applications will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's’ fees.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; YARN CORPORATION may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Copyright

This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License. A huge thanks to the lovely people at Automattic and the WordPress.com team for sharing their Terms of Service under a Creative Commons licence! Automattic is in no way liable for the content of this document.