Terms of Use
The services that RedCritter provides to you are subject to the following Terms
of Use ("TOU"). RedCritter reserves the right to update the TOU at any time
without notice to you. The most current version of the TOU can be reviewed by clicking
on the "Terms" link located at the bottom of the pages on this site. If you
choose to install or use any software from this site it is your responsibility to
monitor these Terms of Use. By operating software downloaded from this site you
implicitly agree to these Terms of Use.
Description of services
RedCritter provides you with access to a variety of resources across it's properties including but not limted to redcritter.com and redcritterconnecter.com, including developer
tools and APIs, download areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new features, and/or
the addition of any new Web properties, and advertisers are subject to the TOU.
Rights to use
You may only use RedCritter Services in accordance with the Terms. You can cancel your RedCritter Services at any time. RedCritter may also terminate your Services at any time for any reason, without notice, at our sole discretion.
Not for resell
Unless otherwise specified, the Services are not for resell or sublicensing. You may not modify copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
Privacy and protection of personal information
See the RedCritter Privacy Policy.
Notice specific to RedCritter software Services and APIs
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REDCRITTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REDCRITTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR THIRD-PARTY PRODUCTS THAT ACCESS OUR SERVICES OR APIS. LOST REVENUES OR LOST PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSED WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THE API OR SERVICES.
Any software that is made available to download from the Services ("Software") is
the copyrighted work of RedCritter and/or the respective submitting author(s).
Use of the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by or includes
a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software not
in accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, REDCRITTER HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, REDCRITTER MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. REDCRITTER
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN REDCRITTER SOFTWARE PRODUCTS.
Notice specific to RedCritter documents and information
REDCRITTER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, APPLICATIONS, AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH APPLICATIONS,
DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
REDCRITTER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL REDCRITTER AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BREACH OF SECURITY, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES. THE APPLICATIONS, DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES, DEFECTS OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REDCRITTER AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. ANY DISPUTE RISING OUT OF USE
OF ANY APPLCATION DOWNLOADED OR PROVIDED BY THIS SITE WHICH IS WRITTEN BY ANY THRID
PARTY DEVELOPER MUST BE BETWEEN THE END USER AND APPLICATION'S DEVELOPER. REDCRITTER
CORP. MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SAFETY, PRIVACY ISSUES,
SECURITY, DATA USAGE OR SUITEABILITY FOR ANY PARTICULAR PURPOSE OF ANY APPLICATION
DEVELOPED BY A THIRD PARTY.
Notice regarding RedCritter Services, document, article and sotware
IN NO EVENT SHALL REDCRITTER AND OR IT’S SUPPLIERS, OWNERS, OR INVESTORS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, SECURITY BREACHES, LOSS OF DATA OR PROFITS, WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES OR OBTAINED FROM THIS SITE.
Member accounts and security
In order to use RedCritter, you must complete the registration process by providing
us with current, valid and accurate information as prompted by the applicable registration
form. You also will choose a password and email account for your login. You are
entirely responsible for maintaining the confidentiality of your login credentials.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify RedCritter immediately of any unauthorized
use of your account or any other breach of security. RedCritter will not be
liable for any loss that you may incur as a result of someone else using your password, secret keys, public keys, or account, either with or without your knowledge. However, you could be held liable
for losses incurred by RedCritter or another party due to someone else using
your account or password. You may not use anyone else's account at any time, without
the permission of the account holder.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any RedCritter server, or the network(s) connected to any RedCritter
server, or interfere with any other party's use and enjoyment of any Services. You
may not attempt to gain unauthorized access to any Services, other accounts, computer
systems or networks connected to any RedCritter server or to any of the Services,
through hacking, password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available through the Services. You agree that uploaded applications developed by
you do not use REDCRITTER services for any unlawful or malicious purpose. You
further agree that uploaded applications developed by you do harvest information
from user without their express consent or attempt to circumvent or bypass RedCritter's
security.
Use of Services
RedCritter Services contain e-mail services,forums, user generated content,
personal web pages, calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable you to communicate with others (each
a "Communication Service" and collectively "Communication Services"). RedCritter
will remove any content from the site that it finds inappropriate. You agree to
use the Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using the Communication
Services, you will not:
• Use the Communication Services in connection with contests, unsolicited surveys,
pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or have received all
necessary consent to do the same.
• Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation
of another's computer or the RedCritter service or property of another.
• Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
• Harvest or otherwise collect information about others, including but not limited
to e-mail addresses, appointment information or contacts.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage information
or any portion thereof. RedCritter has no obligation to monitor the Communication
Services. However, RedCritter reserves the right to review materials posted
to the Communication Services and to remove any materials in its sole discretion.
• Your upoaded code will not store any user information obtained through this site,
other than other the the numberic USERID, without the express permission of the
end user. Storing any user's contact information or email information is expressly
prohibited in all cases and will result in the immediate banning of your use of
this site.
• Your upoaded code must have a business or entertainment purpose and may not be
designed to SPAM or blatently Advertise in any way. Branded Apps are allowed however
they must perform a legitimate service for the end user. Apps violating this restriction,
in our own judgement, will be immediately removed and could be conditions for a
permanent ban of your use of this site.
• Not to SPAM or collect information which can be used to SPAM through the use of
this site.
• As the App developer you agree that you App will not attempt to hack or alter
the functioning or appearance of the service other than the approved documented
APIs in the intended manner of their use.
RedCritter reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason whatsoever. RedCritter
reserves the right at all times to disclose any information as RedCritter deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in RedCritter's sole discretion. Always use caution when giving
out any personally identifiable information about yourself or your children in any
Communication Services.
RedCritter does not control or endorse the content, executable machine code,
messages or information found in any Communication Services and, therefore, RedCritter
specifically disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Services. Managers
and hosts are not authorized RedCritter spokespersons, and their views do not
necessarily reflect those of RedCritter. Materials uploaded to the Communication
Services may be subject to posted limitations on usage, reproduction and/or dissemination;
you are responsible for adhering to such limitations if you download the materials.
API Terms
You may access RedCritter Services via Application Program Interfaces (APIs). All uses of RedCritter APIs , shall be bound to these Terms.
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT REDCRITTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REDCRITTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR THIRD-PARTY PRODUCTS THAT ACCESS DATA VIA THE API. LOST REVENUES OR LOST PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSED WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE, AND REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THE API OR SERVICES.
2. Excessive usage of API requests or abusive frequency of requests to RedCritter Services may result in permanent or temporary cancellation of your access to Services. RedCritter, in its sole discretion, will determine abuse or excessive usage of the API. RedCritter will make a reasonable attempt via email to warn the account owner prior to suspension.
3. RedCritter does not warrant that data resulting from use of Services and APIs is accurate or suitable for any specific purpose.
3. RedCritter reserves the right at any time, at our sole discretion, to alter, throttle, or temporarily or permanently restrict, your access to the API and Services with or without notice.
Payments, refunds and subscription changes
1. We offer no refunds for any reason. We make no exceptions in order to provide equal treatment for all customers. No refunds are offered in the event of cancellation or plan changes. Any available credits for your account will not be refunded in the event of cancellation.
2. A valid credit card is required for Service subscriptions.
2. If sign up for a plan with a subscription fee and you do not cancel before your 30 day trial period ends, you will be billed monthly or annually, depending on your plan, immediately after your trial expires. The prevent charges you must cancel your account before your trial expires.
3. You are responsible for payment of all fees due to API quota usage overages for your billing period. These fees if applicable will be added to your regular invoice.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. For any upgrade or downgrade in plan level, your credit card will automatically be charged for applicable fees.
6. Subscription plan downgrades may result in loss of features, content, capacity, access or data in your account. RedCritter does not accept any liability for such loss.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any in the RedCritter Connecter portal Dashboard under the Account menu option. We provide an automated, instant means to cancel your subscription with no questions asked.
2. We reserve the right to permanenty delete your account and all associated data instantly upon cancellation. This data can not be recovered after your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4.RedCritter, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RedCritter service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. RedCritter reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. RedCritter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. RedCritter reserves the right to discontinue or add new pricing plans at any time.
2. Prices of all Services for existing plans and customers, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Services itself.
3. RedCritter shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Materials provided to RedCritter
RedCritter does not claim ownership of the materials you provide to RedCritter
(including feedback and suggestions) or post, upload, input or submit to any Services
or its associated services for review by the general public, or by the members of
any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") your
Submission you are granting RedCritter, necessary sublicensees permission to
use your Submission in connection with the operation of their Internet businesses
(including, without limitation, all RedCritter Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right to sublicense such rights
to any supplier of the Services. No compensation will be paid with respect to the
use of your Submission, as provided herein. RedCritter is under no obligation
to post or use any Submission you may provide and RedCritter may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, animations, photographs, pictures or that are otherwise graphical
in whole or in part ("Images"), you warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of your use and as otherwise permitted by
these Terms of Use and the Services, (b) you have the rights necessary to grant
the licenses and sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example, and not as
a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached to such Images, and the
right to sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the time you
completely remove such Images. No compensation will be paid with respect to the
use of your Images.
Copyright infringement claims
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent, copyrights@redcritter.com.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
Links to 3rd party sites
SOME LINKS IN REDCRITTER SERVICES OR CONSTAINED WITHIN APPLICATIONS DOWNLOADED FROM THIS SITE
WILL LET YOU LEAVE REDCRITTER'S SITE OR OPEN A NEW BROWSER WINDOW. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF REDCRITTER AND REDCRITTER IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. REDCRITTER IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. REDCRITTER
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY REDCRITTER OF THE SITE.
Unsolicited idea submission policy
REDCRITTER OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS
POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN REDCRITTER'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO REDCRITTER.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO REDCRITTER OR ANYONE AT REDCRITTER.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL
SEND THEM, PLEASE UNDERSTAND THAT REDCRITTER MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.